How to Prove Distracted Driving

There are four basic types of distracted driving. The type of distraction that caused the crash affects the type of evidence necessary to prove fault. For example, if the other driver was texting, an attorney may obtain phone records. If the driver was eating, an attorney may look for fast food receipts or surveillance videos from the restaurant. The four types of distractions on the road are:

• Visual. This refers to anything that takes a driver's eyes off the road. Examples include looking at billboards, checking makeup in the mirror, or looking at a GPS device while driving.
• Manual. This refers to anything that takes a driver's hands off the wheel. Examples include eating, drinking, smoking, or adjusting the radio or climate control.
• Cognitive. When a driver's mind is not on the road, an accident can happen fast. Examples of cognitive distractions include daydreaming, talking on the phone, or having an emotional conversation with a passenger.
• Combination/Electronic. Using electronic devices while driving frequently involves visual, manual, and cognitive distractions. This makes using electronics like smartphones and cell phones behind the wheel extremely dangerous.

Obtaining phone records and other electronic data is often important in distracted driving cases. However, getting this information can be difficult for people unfamiliar with the process. An experienced car accident attorney with a track record of distracted driving injury claim success knows who to contact and the legal steps necessary to preserve and obtain electronic device records.

The first step is usually requesting records from the cell phone carrier or entity that holds them. If they refuse to release them voluntarily, a knowledgeable car accident attorney knows how to take additional steps to produce the document. They may also send a “spoliation letter” to the party who has control of the evidence, notifying them of their obligation to preserve it.

Here are some other common types of evidence that may help to prove the other driver was distracted:

• Video footage, such as dashcam or surveillance footage of the crash.
• Eyewitness testimony from anyone at the scene who saw the other driver using their phone or driving distracted.
• Vehicle damage suggesting the other driver was not paying attention to the road.

It’s important to note that laws surrounding distracted driving vary from state to state, and sometimes town to town. However, every state has laws requiring motorists to operate their vehicles in a safe manner and holding them accountable if they cause injuries.

If you or a loved one has been injured in a distracted driving accident, don't hesitate to contact an experienced car accident attorney today for a free consultation to learn about your legal options and protect your right to compensation.