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Can You Prove the Other Driver Was Distracted?

On Behalf of | Nov 24, 2017 | Distracted Driving

Being aware of the dangers of distracted driving is only half the battle. Knowing how to deal with what happens after a distracted driving accident is an entirely different story. After all, you could suspect that the motorist who caused your accident was distracted, but until you prove it, you cannot receive compensation from them or their insurance company. Distracted driving is more than texting or talking on the phone. In fact, anything that takes a motorist’s hands or eyes away from the task at hand could be a “distraction,” such as eating, talking to passengers, or even adjusting the GPS system. Proving the type and severity of distraction is difficult, but not impossible. When you know your potential evidence routes, the probability of proving your case improves significantly.

The Police Report

The police report might provide you with the evidence you need, especially if the driver received a traffic citation for talking or texting. Realize that the police officer’s report is still considered hearsay, but when citations are issued, there may be further evidence that you can use to establish your case. Also, the police officer’s report will contain witness statements, which may provide you with a party to contact so that you can have a witness testify on your behalf about the other driver’s level of distraction.

The At-Fault Driver Admits

No one should admit fault after an accident, but it is human nature to recognize when your wrongdoing caused someone harm. Therefore, the at-fault driver might acknowledge that they were distracted at the scene, to the officers taking their statement, or to witnesses. Even if they later recant, their initial admissions can make it easier to prove that they were actually distracted.

Cellphone Records

If witnesses saw the driver on their phone talking or texting at the time, your attorney can request copies of the defendant’s cell phone records. These will show their cellphone activity at the time of the accident – and are often very compelling pieces of evidence. Cell Phone records can be used alone or as a to backup witness statements and police officer accounts of the accident.

Passenger Testimony

If there were passengers in the vehicle with the at-fault driver, their testimony could be critical to your case. They may testify that the driver was not looking at the road at the time of the accident, was texting, or that they were engaged in a conversation.

Hiring an Attorney Can Help

You have just been involved in an accident, and the last thing you need to worry about is gathering evidence, hunting down witnesses, or proving a case. An attorney can help find the evidence faster and more thoroughly – and put together your case so that you can focus on recovering from your injuries. After your motor vehicle accident, meet with an attorney from Jacobs Law, LLC to explore your options. Schedule your free consultation with our team today by calling our office directly, or by contacting us online.


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