Distracted driving is one of the leading causes of motor vehicle accidents in the United States, and its consequences can be devastating of Distracted Driving Accident. From momentary glances at a phone to eating behind the wheel, even a brief lapse in attention can lead to life-changing injuries and significant property damage. Understanding how liability is proven in these cases is essential for anyone seeking compensation.
After a distracted driving accident, the injured party often carries the burden of proof to show that the other driver was negligent. This requires not only understanding what legally counts as distraction, but also knowing what evidence is most effective in court or in negotiations with insurers. By recognizing the types of distractions and the ways liability is established, you can be better prepared to protect your rights.
Causes of Distracted Driving
The main causes for distracted driving can be categorized into:
- Visual distractions: taking your eyes off the road.
- Manual distractions: taking your hands off of the steering wheel.
- Cognitive distractions: losing focus or daydreaming.
There are other things that can distract drivers, including texting, adjusting the GPS, and eating while driving. These actions can inflict catastrophic amounts of damage in a fraction of a second.
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Factors that Prove Liability
When determining liability in distracted driving cases, courts and insurers will look at the following factors:
- Duty of care: All drivers have a duty and responsibility to remain attentive and drive safely.
- Breach of duty: The driver was distracted (using a phone, eating, etc.) and failed to pay attention to the road.
- Causation: The act of distraction directly contributed to the accident occurring.
- Damages: The driver’s actions directly caused injury to you, property damage, or other loss.
If you are unable to establish all four, it can be difficult to gain compensation.
Evidence for Distracted Driving
Police Reports: A police report is made after every accident, where law enforcement officers record the details, like whether a driver is texting or driving erratically. Traffic tickets can also serve as evidence, for example, a ticket for using a phone while driving.
Witness Testimony: Testimony of other people involved in the accident or present at the scene is considered as evidence for a claim. Passengers, other drivers, and/or pedestrians can verify that the driver was distracted and not paying attention.
Phone Records: Cell phone records can tell if calls or texts were sent at the time of the crash can serve as evidence for distracted driving.
Expert Testimony
In some instances, expert testimony can help establish liability. An accident reconstruction expert can prove that distraction was the cause of the accident. Data analysts can tell you the exact time the driver was sending a text. Medical experts can report that the severity of your injuries was the result of the impact at that moment
Challenges in Proving Distracted Driving
Proving a distracted driver caused the accident is not always easy. Drivers will often deny being distracted. Privacy rules may make it difficult to obtain the driver’s phone records. In some situations, there is no direct evidence showing the driver was distracted, only suspicion. Representation is crucial here, so a combination of proof — reports, witnesses, or expert testimony becomes very important.
How Attorneys Can Help
Attorneys have tools that the average citizen does not have access to. They can subpoena phone records, request GPS information, or obtain surveillance footage. They can hire accident reconstruction experts to demonstrate how distraction caused the crash.
Unlike an average person, attorneys know how to utilize these documents to negotiate with insurance companies, who often minimize or completely deny payment for damages. They are aware of how the law works and can help you avoid missing deadlines, or missing important legal requirements for your claim.
Key Takeaways
- In order for a plaintiff to claim compensation, they must establish that the driver’s actions satisfy the elements of negligence
- Proof that can support your claim includes police reports, phone records and witness testimony.
- Legal assistance will help speed the process of protecting your evidence and proving liability.
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