Proving liability in a distracted driving accident begins with showing that the at-fault driver failed to stay focused on the road and that this lapse directly caused the collision. The core idea is simple, but building a strong claim requires solid evidence and a clear understanding of how the incident unfolded.
Drivers know the importance of paying attention, yet distractions still happen. A moment spent looking at a buzzing phone or adjusting the navigation system can change everything. When you are hurt because another driver lost focus, you need to understand how to show that distracted driving played a direct role in the crash.
Even careful drivers can end up in harm’s way if someone else gets sidetracked. One second of inattention is often all it takes. Determine whether you were responsible for the wreck by demonstrating exactly what the other driver was doing immediately before contact.
How Do I Show That the Driver’s Distraction Caused the Accident?
To demonstrate the distraction caused the accident, you need to prove three items.
1. The driver’s attention was diverted away from the road.
2. The diversion of attention caused an apparent mistake (drifting, speeding up, failure to apply brakes) while driving.
3. The error caused the accident, resulting in injury or property damage.
As an example, if a driver were reading a message, failed to apply the brakes, and didn’t slow down as the rest of the traffic slowed down, then it would be easy to see that the driver’s distraction directly caused the accident. In cases where the distraction did not cause the accident, it will become much harder to prove liability.
What Types of Evidence Are Needed to Prove Liability?
There are a few types of evidence needed, since distracted behavior isn’t always evident. Different types of evidence are collected by investigators and lawyers in order to create a complete picture of the events preceding the collision.
Typical evidence includes:
- Phone records: They will indicate whether there were texting, phone calls, or applications being used during the collision.
- Witnesses: Witnesses may have seen the driver looking down or acting like he wasn’t paying attention.
- Video or surveillance footage: The video will depict weaving, slow braking, or other examples of distraction.
- Vehicle Data: A lot of vehicles are equipped with recording devices that log speed, braking, and steering input.
- Officer Reports: Police officers may document distraction or state that a device was in use.
When combined, this evidence helps establish that the driver wasn’t paying attention to the road at the moment of the collision.
Who Will Help My Case?
Insurance companies are skeptical of claims based on distraction-related crashes due to the fact that the evidence of the driver’s distraction is not easily proven. For that reason, many injured parties find themselves using injury attorneys to collect documentation, obtain electronic proof quickly, and also understand technical data.
Attorneys experienced in personal injury litigation can ask for logs of the defendant’s devices, speak with witnesses, review the data from the victim’s vehicle, and assemble a precise sequence of events that illustrate what took place in the last few seconds before impact. Assistance from an attorney could significantly increase the odds of a successful resolution of your claim.
Important Things to Remember
- To determine liability, you must first prove the driver was distracted and, secondly, that the distraction that caused the crash.
- Essential types of evidence to prove liability include phone records, witness testimony, video footage, vehicle data, and officer reports.
- It is essential to provide a clear connection between the driver’s distraction and the resulting crash.
- Injury attorneys can assist in making a stronger case and protecting your rights.
