Distracted driving is among the leading causes of accidents on U.S roads. Common forms of distracted driving include the use of electronic devices, eating while driving, smoking and other occupants, among many others.
When these elements contribute to an accident, you should prove so in court to get compensated. Unfortunately, proving distracted driving is challenging, and that is why you need to present a stronger case.
Possible ways of proving distracted driving as the primary cause of an accident include:
Police reports
Once police officers arrive at the scene of the accident, they will record details of the incident and possibly file a preliminary fault assessment. You should also let the officer know if there was anything you saw that proves the driver’s distraction before the crash. This may include pictures, videos, audio recordings or any other evidence. If the report’s filing happens immediately after the accident, the court may accept it and use it in making a ruling.
Accident reconstruction
Accident reconstruction scientists and engineers use several technologies to prove distracted driving. It involves analyzing the vehicle’s movements, the impact of the accident and witness testimonies. Though expensive, accident reconstruction is among the most reliable ways of convincing the court of a driver’s guilt.
Cell phone records
If the driver responsible for the accident was using a cellphone, your lawyer could file a subpoena to access the necessary phone records. The records may help prove the use of a cellphone during the time of the accident. Moreover, the data collected may be, if need be, combined with video footage to boost the credibility of the records in a court of law.
Witnesses accounts
If there are witnesses present, convince them to give their account of the accident. Alternatively, you may ask for their contact information to get in touch with them later at a more convenient date for both of you.
