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How to Prove a Driver was Distracted in a Car Accident

According to an analysis by the National Safety Council, traffic accident fatalities in cases where the drivers were distracted because they were on their cell phones are grossly underreported all over the United States. Distracted driving statistics from the Texas Department of Transportation (TxDOT) show that about one in every four motor vehicle accidents in Texas involves a distracted driver. Although there is ample public service information available about the deadly consequences of distracted driving, many drivers continue to talk, text and tweet while driving. Not only are distracted drivers putting their own lives at risk, they are also putting the lives of their passengers and other motorists on the road at risk. When a fatal car accident or catastrophic injury has occurred, it is important to investigate the circumstances of the collision to determine whether distracted driving was the cause.

Here’s What to Do to Prove a Driver was Distracted in a Car Accident:

  • Call records can prove that a driver was on the phone when the accident occurred. A motor vehicle accident victim needs to note the exact time of the accident so that the cell phone records of the driver can be analyzed and compared to the exact time of the collision.

  • Eyewitness testimony can prove that a driver was distracted. The eyewitnesses can be pedestrians on the road, motorists on adjacent lanes, and even the passengers in the distracted driver’s vehicle at the time of the accident. It is important to retain an attorney promptly after a collision which caused serious injury in order that witnesses can be interviewed while the facts are fresh on their minds.

  • Accident reconstruction experts can sometimes draw conclusions about a driver’s distractions based on the circumstances of the accident.  These types of experts can draw conclusions about a driver’s speed and reaction time based on skid marks and other physical evidence left at the scene.

  • Video  surveillance cameras can sometimes provide clues.  Depending upon the location of your wreck, it may be that a nearby video camera recorded the wreck and may bear some relevant evidence.

  • Driver admission. Sometimes when the investigating police officer arrives at the scene and interviews the at fault driver, they will readily admit they were  using their hand held device. This is referred to as an admission of a party opponent and is generally admissible in court to prove the fact that the driver was distracted.

With distracted driving so prevalent today, it is not uncommon to be the cause of an automobile accident and worth investigating. For you own safety and the safety of others, the best thing you can do is put your mobile device down when you drive!

By: Kay Van Wey | October 9th, 2016

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