How to Prove That a Driver was Distracted in an Accident
Posted in Uncategorized on October 20, 2021
According to Texas’s car accident laws, you have the right to file an insurance claim or lawsuit against a negligent driver to recover compensation for medical expenses, lost wages, and other losses. Many dangerous driving behaviors can rise to the level of negligence, including speeding, running a red light, and driving while distracted.
However, the burden of proof to establish the at-fault driver’s liability rests on you. When it comes to distracted driving accidents, proving a driver’s negligence can be difficult. However, there are steps you can take after the accident to collect evidence and craft a compelling case for your right to compensation.
Obtain Police Reports
After a car accident, a police officer will likely respond to the scene and create a report, which you can use as evidence in your case. This report will contain key information about the crash, such as the names of involved parties and witnesses, the time, date, and location of the accident, and how the responding officer believes that accident occurred.
If the at-fault driver admitted to being distracted or the officer witnessed evidence of distracted driving, this information will be included in the police report. You can obtain the police report and use it as evidence of the driver’s distraction.
Ask for Eyewitness Statements
During an accident, you may not think to look at the other driver and see whether or not he or she was distracted. However, other people who witnessed the accident may have seen something that you could use to support your case. If possible, ask any witnesses in the area if you could collect their contact information for use in your future case. If you are unable to collect this information at the scene, you can likely find it in the police report.
Review Surveillance Footage and Photographs
Just like eyewitnesses, evidence like surveillance footage, photographs, and videos can pick up details of a distraction after a collision. Your attorney can request and review surveillance and traffic camera footage to see if the cameras caught the at-fault driver operating his or her vehicle while distracted.
If you are able to move around the scene safely, take lots of photographs and videos of both vehicles, your injuries, debris, skid marks, traffic signs, and any other details around the crash. You can bring this evidence to your attorney for review. He or she can also submit this evidence to expert witnesses, like accident reconstruction specialists, who can analyze the evidence and testify on your behalf.
Follow the Digital Trail
Although not all distracted driving accidents are caused by cell phones or other electronics, these devices do contribute to a large number of collisions. If possible, examine the at-fault party’s digital trail to see if he or she was using a device at the time of the accident. You can monitor the driver’s social media activity, and you can also ask your attorney to subpoena the driver’s phone records.
Seek the Help of a Texas Car Accident Lawyer
If you are filing a claim against a distracted driver, it is important to have an attorney on your side. A McAllen car accident lawyer has the resources, time, and knowledge necessary to investigate your accident and prove the at-fault driver’s negligence. As soon as possible following your collision, contact an attorney to discuss your legal options.