How Do You Prove a Driver was Distracted?

Oct 27,2017

Distracted driving is estimated to cause nearly one in every five auto accidents. These accidents result in 9 deaths and 1,000 injuries each year in the U.S., according to the CDC. Unfortunately, if you are injured in an accident, it can be difficult to prove that a driver was distracted.

Gather Evidence After the Accident

If you are able, you should try to gather evidence right after the accident. Take photos and videos of the scene. Evidence that might be particularly helpful could include tire marks on the pavement, photos of vehicle damage, or photos of the inside of the other driver’s car—especially if there is a cell phone on the seat or other signs of distraction.

You should also call the police right away to file a report. Often, the other driver will make a statement to the police that includes an admission of distraction. For instance, he might divulge that he was distracted by a phone call or spilled food in his car. The police report is an official document that can be used as evidence in a personal injury claim.

If there were any witnesses that saw the driver was distracted, take down their information at the scene. Make sure their statement is included in the police report as well.

Additional Evidence

If necessary, your attorney might be able to request the driver’s cell phone records for the time of the accident. They might also be able to request traffic and other video footage, such as a local business’s CCTV footage, that might have captured the driver’s distracted behavior.

You should contact an experienced personal injury attorney as soon as possible if you have been injured by a distracted driver. Businesses often do not preserve their CCTV video for long periods of time, so if this footage is crucial to your case, your attorney will want to request it right away. Waiting too long can result in losing out on this evidence that might have been helpful to your case.

“Distracted driving is one of the most dangerous behaviors on our roads today. If you have been hurt by a distracted driver, you deserve to be compensated for your injuries,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.