How to Prove Distracted Driving

Distracted driving includes any kind of activity that diverts a driver’s attention from the road. This can include:

• Texting while driving.
• Talking on the phone.
• Fiddling with a GPS device.
• Eating and drinking.
• Applying makeup, shaving, or fixing hair.
• Adjusting audio or entertainment systems.
• Reading books, magazines, or newspapers.
• Using in-car controls.
• Engaging with passengers.
• Taking pictures or videos.
• Daydreaming.

You can’t always see what another driver is doing behind the wheel. But there are certain signs that indicate that another driver is distracted. These include:

• Frequently changing speed.
• Drifting out of lanes or weaving within lanes.
• Delayed reaction time at traffic signals, stop signs, or in traffic jams.
• Swerving or erratic maneuvers.

Is negligent driving a misdemeanor?

The consequences negligent drivers face range from traffic tickets to felonies. The consequences of distracted driving can be serious if the at-fault driver causes a crash that results in someone’s injury or death. That includes being charged with reckless driving or vehicular manslaughter.

Other types of negligent driving that can result in a misdemeanor (and possibly a felony) include:

• Driving under the influence of drugs and/or alcohol.
• Driving with a suspended or revoked license.
• Leaving the scene of a crash.
• Reckless endangerment.
• Driving without insurance.
• Excessive speeding.

Proving distracted driving often depends on circumstantial evidence or digital records. An attorney can easily establish that the at-fault driver was distracted at the time of the crash by looking at cellphone records. These records can show phone calls, text messages, app usage, and other data usage at the time of the crash.

Additionally, witnesses may see the at-fault driver engaging in distractions before or during a crash. This type of behavior may also be caught on nearby surveillance cameras.

Otherwise, proving distraction can be difficult unless the at-fault driver admits to it. For example, it can be difficult to prove that the at-fault driver was daydreaming, looking away, or engaging in another distraction that doesn’t involve a digital device. However, an attorney can still prove that the at-fault driver failed to stop or stay in their lane.

Legal options for distracted driving victims?

If you or a loved one is the victim of a distracted driving crash, you have the right to take legal action against the at-fault driver through a car accident claim. In most states, you must file a claim within two or three years. However, some states require only one year, while others give you up to six years.

It’s best to file a claim against the at-fault driver and their insurance company as soon as possible. The faster you act, the easier it will be to gather fresh evidence and witness statements.

Before you file a claim, there are certain steps you should take to help strengthen your case. First and foremost, you should assess the situation. Check yourself and other parties for injuries and call 911 if necessary. Then, call the police to report the crash and wait for an officer to arrive.

While waiting, you should exchange contact, insurance, and vehicle information with the other driver. Then, take pictures and notes of the crash scene. Get clear images of vehicle damage, visible injuries, and damage to nearby structures. If there are witnesses at the scene, get their contact information. Also, take note of any statements made by the at-fault driver and any nearby surveillance cameras.

You should also get immediate medical attention, even if you feel perfectly fine. Many injuries take time to produce symptoms. These injuries can worsen if left untreated. When you see a doctor, you’ll get an official diagnosis that establishes a link between your injury and the distracted driving accident. Plus, you can treat your injury early on.

Lastly, you should contact your insurance company as soon as possible and inform them that you were involved in a crash. Only mention the date, time, location, other parties involved, and injuries you sustained. Don’t go into who was at fault, as this can potentially jeopardize your claim.

Dealing with the aftermath of a distracted driving car accident can be challenging. You could be out of work while you recover from your injuries. As the medical expenses and other damages pile up, the insurance companies may use tactics to reduce your compensation or deny it altogether.

Let a Law.com Premier Car Accident Lawyer deal with the insurance companies for you. They know how to communicate and negotiate with insurance companies, so they can’t take advantage of you. To find out how an attorney can help you, schedule a free consultation with one in your area.

Our verified attorneys work on a contingency fee basis. This allows you to get legal representation without having to pay upfront lawyer fees.