When a driver is distracted behind the wheel, it puts everyone on the road at risk. If you have been injured in a crash and believe that another driver involved was not paying attention, proving their distraction can help you to successfully seek damages for the harm that they’ve caused you. This will involve gathering evidence that clearly shows how the other person’s behavior directly caused the collision, which is easier said than done.
Distracted driving takes many forms. It can involve texting or talking on the phone, eating or drinking, adjusting a GPS, talking to passengers, checking on children in the back seats or even being lost in thought. Proving distraction begins with showing that the other driver at issue failed in their legal duty to operate their vehicle safely and attentively by negligently engaging in distractions like these.
Making your case
One of the most effective ways to support a distraction claim is through eyewitness accounts. Passengers, pedestrians and/or other drivers may have seen the at-fault driver using a phone or looking away from the road. Their testimony can help paint a picture of what happened in the moments leading up to the crash.
Another valuable source of evidence is digital data. Cell phone records can sometimes be obtained through a court order and may show whether the other driver was sending messages, scrolling social media, or making calls at the time of the accident. Many vehicles are now equipped with onboard data systems that record speed, braking patterns and steering input. This data may reveal whether the driver at issue failed to react appropriately to road conditions—supporting the idea that they were distracted.
Video evidence, such as traffic cameras or dashcam footage, can also be incredibly helpful. A video may have captured the driver drifting out of a lane, failing to brake or otherwise engaging in distracted behavior. Even surrounding businesses or homes with exterior cameras could potentially provide relevant footage.
Accident reconstruction experts may also be used to analyze the scene. These professionals can review physical evidence like skid marks, vehicle damage and debris patterns to help determine how the crash occurred and whether distraction played a role.
If another driver’s lack of attention has harmed you, a thorough legal approach can make all the difference in securing compensation for what this harm has cost you and your family.