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Can I Prove That Distracted Driving Caused My Accident?
  • Idiart Law Group, Personal Injury & Immigration
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You might suspect at the scene of the incident or as you are recovering from your injuries that distracted driving might have caused the accident to begin with, but it becomes much more difficult to put together materials explaining why you feel this way in a way that is compelling for the court.

You may need to prove that distracted driving caused your auto accident in order to be able to recover the compensation you need to pay your bills. Distracted driving can include numerous activities that go beyond the traditional perception of this behavior as texting and driving.

Distracted driving can also include talking on the phone, applying makeup or eating while behind the wheel. Any activity that pulls the driver’s eyes and focus away from the road could lead to a distracted driving accident. There are several different methods in which your knowledgeable personal injury attorney may attempt to prove your claim of distracted driving.

These can include admissions from the driver directly at the scene of the incident, statements from expert witnesses or other drivers who saw that the person was distracted at the time of the incident, police reports and officer testimony, explaining that the person appeared to be distracted at the time of the crash, cell phone records which can show whether or not the person was sending or receiving messages or making a phone call at the time, or videos and photos.

Many personal injury attorneys will prefer to rely on video surveillance whenever it is available. Cell phone videos that were shot by a bystander, a camera mounted on top of traffic lights, and police dashboard cams can all be explained as reasoning for why you allege that you were hurt in a distracted driving accident.


Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.