If you are injured in an auto accident and plan to seek damages for your physical injuries and financial losses, it’s essential to determine fault. If you have reason to believe that distracted driving played a role in an accident, you need supporting evidence. You must also be able to prove that distracted driving was the primary cause of the collision.
How is distracted driving defined?
How is distracted driving defined?
When many people hear the term distracted driving, they think of a driver who is talking or texting on a cellphone. However, the term encompasses many different actions and behaviors. For example, if a person decides to get behind the wheel when they are very angry or upset, this heightened emotional state could mean that they are not able to focus on the task of driving. Likewise, attending to children in the back seat or even eating can cause a driver to be distracted.
How can I prove that a driver was distracted?
You may be able to look into cellphone data to prove that an at-fault driver was texting or making a call immediately prior to an accident. Eye witness statements can also back up your accusations and provide evidence to prove that a driver was engaging in distracted driving. Additionally, reviewing things the driver said and did in the immediate wake of the accident can be telltale clues.
If you plan to take legal action to recover compensation after a car accident, it is important that you fully understand your legal options. Attempting to navigate the accident claims process can be very time-consuming and stressful and it often makes sense to hire an attorney.
Your personal injury attorney will conduct a thorough review of the accident and all related evidence to understand how negligence and recklessness factor into your case. He or she will then devise a legal strategy to obtain the full and fair compensation you need and deserve.