Proving the Other Driver Was Distracted in a Car Accident

As a driver, you already know the dangers of driving distracted. But do you know how to prove it if another distracted driver causes an accident? Proving distraction is critical when proving negligence, but it can be difficult. 

At Lane Brown, LLC, we know how dangerous distracted driving can be, and we know it can be tough to prove without the right tools. Reach out for help getting the proof you need for your car accident claim. 

How to Prove the At-Fault Driver Was Driving While Distracted

Once you’ve called the police and gotten the medical attention you need, consider what caused the accident. If a distracted driver hit you, the most common causes are the following:

  • Talking, texting, or emailing
  • Reaching for an object in the vehicle, like sunglasses
  • Eating
  • Adjusting a GPS or music device

You will need to collect evidence that establishes negligence and proves the other driver had a distraction at the time of impact. That evidence may include the police report, eyewitness accounts, and even photos of the accident. For example, if they were eating when the accident happened, there may be food spilled in the car. 

Questions to Determine Negligence

After the police report is being prepared and you’ve given your statement, your lawyer can seek out information from all involved parties and collect evidence. Your lawyer may ask some or all the following questions when gathering evidence of distracted driving: 

  • Did any drivers have a cell phone on their person?
  • Did anyone see a driver using their phone prior to the impact?
  • Did the involved drivers have food wrappers or other distractions scattered next to them?

There are laws in Illinois against even driving while holding a phone, so if they were holding their phone at any point before impact, this is incriminating evidence. Bluetooth devices are allowed for drivers over nineteen, but even hand-free devices may be considered a distraction.

There may also be evidence from others who witnessed what happened. Your lawyer may ask them to write down their account of what happened and sign it. Your lawyer will also collect evidence at the scene of the accident while it’s still fresh and hasn’t been destroyed. 

Photographs of your injuries can also play a key part in getting your compensation. High-quality photos can be used to recreate what happened and help your lawyer prove your case if you have to negotiate with insurers or go to trial. Showing you were injured is a key part of proving another driver was negligent, so talk to your lawyer when proving the other driver was careless.

Call an Experienced Car Accident Lawyer

If you have been injured in a car crash and believe distracted driving may have caused or contributed to it, you may need to speak with the lawyers at Lane Brown, LLC. We can review the facts of your case and let you know what your legal options are.

We also offer free consultations, so you can speak with us before you make any decisions about your claim. To get in touch, call us at 312-332-1400 or complete the following online contact form.

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