The Cassidy Law Firm Blog

Tuesday, July 9, 2024

Distracted Driver: Can You Prove it in an Accident Claim

In today’s connected world, many things are demanding our attention. From smartphone calls and texts to notifications from social media and websites, it seems we cannot escape these distractions, even when driving our cars. Distracted driving can also happen when a driver is talking to his or her passengers, using a rearview mirror to fix appearances, eating or drinking while the car is in motion, and even adjusting the setting on the vehicle’s infotainment system. These distractions can lead to traffic accidents, as a momentary lapse of concentration can have catastrophic consequences. 


If you are injured in a car accident as the result of a distracted driver, you are going to want compensation for your injuries, as well as any damage to property. If you can prove that the other driver was distracted at the time of the collision, this can show fault, allowing you to collect from the other driver’s insurance. An experienced accident attorney can help you with your accident claim by showing that the other driver was engaged in distracted driving at the time of the accident.

1. Cellphone Data

One of the main causes of distracted driving accidents is cellphone usage. Hands-free systems like Bluetooth, Apple CarPlay, and Android Auto are designed to reduce this, but a driver can still get distracted when making a call or sending a text this way. If you are involved in an accident and have reason to believe that the driver was on the phone at the time of the collision, your attorney can request cellphone records. This includes things like text messages and phone logs that can pinpoint whether these were in use at the time of the crash. 

2. Surveillance Cameras

Many major roads and busy intersections have surveillance cameras in place. These are there so that law enforcement can monitor the roads to ensure drivers obey the relevant traffic laws. If your collision occurred on a road or at an intersection where a camera is located, you can request the footage from local law enforcement. This film may reveal that the other driver was using a phone, eating, or engaged in other behavior that caused a distraction.

3. Dashcams

Many drivers have dashboard cameras (called “dash cams”) installed in their vehicles. These will show the road ahead, as well as some that show the interior of the vehicle. If you have one in your vehicle, or the other driver has a dash cam, there is a chance that the footage recorded by this will show that the other driver was distracted at the time of the accident.

4. Witness Testimony

Unless you and the other driver had your accident when you both were alone on a deserted stretch of highway, there is a very good chance that one or more people saw the accident. These may be passengers in your vehicle or the other car, as well as pedestrians on the street or other motorists. If you can talk to anyone who saw the accident, they may have seen the other driver using his or her phone, taking a drink, or eating something. This can also help prove distracted driving.

5. Police Report

If you are involved in an accident, you should always call the police and ask them to provide a report at the scene. This police report will contain vital information such as the identities of the drivers and witnesses, as well as a reconstruction of the collision. Included in this are statements by both drivers, which could contain an admission from the other driver that he or she was involved in distracting conduct at the time of the accident. It will also include whether the other driver was issued a ticket for his or her driving. This will all be helpful in proving your claim.

6. Accident Reconstruction Expert

You can retain the services of an accident reconstruction expert to show that the collision was caused by distracted driving. This person will look at phone records to see if the other driver was using a device at the time. The expert may also inspect the other vehicle to see if there is any residue from food or beverages that was spilled by the other driver at the time of the accident.  This will be used by the expert to reconstruct the events that led to the collision, which he or she will testify to in court if necessary.

If You Are Involved in an Accident Caused by a Distracted Driver, Call Our Firm Today

An increasing number of accidents are caused by distracted driving. However, proving that your injuries were caused by a distracted driver requires the assistance of an experienced accident attorney. The Cassidy Law Firm will assist you with your claim and will fight to get you the compensation you deserve.

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