Distracted drivers are the leading cause of auto accidents. They prioritize other things rather than paying attention to the road. Some of the activities that may cause a distracted driver accident include:
• Doing makeup
• Drinking or eating
• Talking to passengers
• Adjusting the radio
• Violating traffic control signs and devices
• Following too close
• Unsafe lane changes
• Exceeding speed limits
• Improper passing
Many people end up having severe injuries, while others die as a result of distracted driver accidents. The victims of distracted driving have the right to seek compensations for the damages by filing an auto accident claim. The victim must prove that it is the driver's fault for the accident because he or she was distracted.
To seek compensation for the damages caused by a distracted driver, the insurance company mounts a strong defense, and it is up to the plaintiff to prove that the driver was distracted.
Gathering the information you need to prove distracted driving is not an easy task. You should hire a car accident lawyer in Richardson to help you out. A skilled lawyer knows the kind of evidence the court will require and where to get it. Here are some of the ways to prove distracted driving in an auto accident case:
1. Cell phone records
The distracted driver's cell phone records showing that the driver was using his or her phone at the time of the accident is enough to prove that the driver wasn't concentrating on the road. It is already illegal to text while driving in most states. The ruling will be on the plaintiff's favor if the phone records presented in court show that the said driver was using a smartphone while driving.
2. Police reports
Police officers who visit the scene record all details of the circumstance of the accident, which may include a preliminary assessment of the fault. Police officers submit all their reports to the court. If you saw the driver chatting or doing something else that distracted him or her causing the accident, you should let the police officer know. If the police officer was at the scene when the accident occurred and saw the other driver engaging in distracting behavior, the officer may testify in the court of law.
3. Eyewitness testimony
Eyewitness include the bystanders, pedestrians, and passengers who witnessed the auto crash and are willing to write a statement about what they saw. The eyewitness report is part of the police report the law enforcement team submits to the court.
4. Video footage
Sometimes the surveillance cameras from traffic lights, intersections, and nearby garages may capture the driver engaging in a distracting activity at the time of the accident. The liable motorist is likely to settle the claims when there is such evidence quickly. No one wants to fight a losing battle.
5. Photographs of the scene
Videos and photos of the accident scene may shed light on what the driver was doing before the crash. A half-eaten sandwich, an open makeup case or laptop, is clear proof that the motorist wasn't paying attention to the road.