How to Prove Distracted Driving?

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Distracted driving, a common concern on today's roadways, requires detailed documentation and evidence to determine who should be held liable. Understanding what to look for after being involved in a distracted driving accident can help you get the compensation you deserve after an accident. 

What is Distracted Driving?

Distracted driving occurs when an activity inhibits a driver's ability to pay attention to the road. Common distractions include using a cell phone, eating or drinking, talking to passengers, grooming, reading, or using in-vehicle technologies. To prove distracted driving, you must demonstrate that the driver was engaging in distracting behavior at the time of the accident. 

Evidence Needed to Prove Distracted Driving

  • A Police Report: Contacting the police after a car accident is crucial. The police report will document the crash's time, date, and location. If there is evidence of distraction, the police can include this in the report.
  • Eyewitness Statements: If witnesses saw the driver engaging in distracting activity during or after the accident, their statements can be used as evidence. For example, if an eyewitness saw the driver eating or texting, their statement can support your claim. Remember to get the eyewitness's contact details so that you can get their signed statements later.
  • Cell Phone Records: It may be possible for an attorney to request and obtain relevant phone records as evidence in a car accident lawsuit, but the specific details and ability to get that information would depend on the specific circumstances of the case. 
  • Traffic Camera Footage: Surveillance cameras that detect traffic violations can also be used as evidence. Look for cameras at intersections, dash cams, or nearby businesses that may have captured the accident.
  • Experienced Testimony: The court can bring professionals such as medical or crash experts to testify in distracted driving accident cases. Their experience can help the jury understand what a safe and attentive driver should do and how the driver failed to meet this standard by distracted driving. 
  • Crash Reconstruction: Accident reconstruction entails using physical evidence from the accident scene to recreate the events leading to the crash. This can help prove distracted driving by demonstrating the driver's lack of evasive action or failure to brake, indicating their attention was elsewhere.

Contact G3 Help Me Today

It is important to gather various types of evidence, including a police report, eyewitness statements, cell phone records, surveillance footage, expert testimony, and crash reconstruction analysis to prove distracted driving in a Knoxville car accident. Working with a car accident attorney can help you navigate the legal process and present a strong case.

At The Law Offices of G. Turner Howard III, we can assist you throughout this process. Contact us today to discuss your situation and get the help you need for fair compensation.

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