Distracted driving is a leading cause of car accidents, but proving that a driver was distracted at the time of a crash remains challenging. For victims seeking compensation, gathering evidence to establish that distraction played a role can ultimately make or break a personal injury claim.
There are three primary types of distractions that can contribute to a crash:
- Visual distractions – Taking eyes off the road, such as reading a text message or looking at a GPS
- Manual distractions – Removing hands from the wheel to adjust the radio, eat or reach for an object
- Cognitive distractions – Losing focus due to talking with passengers, daydreaming or using voice-activated systems
When any of these distractions cause a driver to lose control or react too slowly, they may be held liable for an accident.
Potentially viable evidence
To successfully prove that distraction contributed to a crash, collecting strong evidence is key. Some of the most effective ways to establish driver distraction include:
- Cell Phone Records – If a driver was texting, making a call or using a mobile app at the time of a crash, phone records can serve as evidence
- Traffic Camera or Dashcam Footage – Video recordings may capture a driver looking at a phone, reaching for something in the car or otherwise failing to focus on the road
- Witness Testimony – Passengers, pedestrians or other drivers may have seen an at-fault driver engaging in distracting behaviors before a crash
- Police Reports – Officers responding to an accident may document signs of distraction, such as an open phone app or food spilled in the car
- Vehicle Data – Some newer cars store electronic data that may show whether a driver was using onboard systems or failed to brake in time
- Social Media and GPS Activity – If a driver was posting on social media or navigating through an app, digital records can help establish their inattention
If you have recently been injured in a crash caused by a distracted driver, know that seeking personalized support can help you to prove that another driver was at fault more effectively than you might otherwise be able to accomplish on your own.
