Distracted driving remains a leading cause of car accidents across the United States. With an astounding 40 daily car accidents due to distracted driving in the state of Oregon alone, it’s clear that thousands of lives are lost annually due to drivers failing to pay full attention to the road.

For car accident victims, proving that the other driver involved was distracted is often a key to recovering compensation for medical expenses, lost wages, and pain and suffering.

Building a successful claim requires thorough evidence collection, expert analysis, and a solid legal strategy which will require the help of an attorney.

Understanding Distracted Driving and its Legal Implications

For those unfamiliar with the term, distracted driving occurs when a driver’s attention is diverted away from the road by visual, manual, or cognitive distractions. Below is a breakdown of each of these different types:

Visual distractions

These take the driver’s eyes off the road and can be something such as looking at a phone or a billboard.

Manual distractions

These involve taking your hands off the wheel, for reasons such as eating or adjusting the radio.

Cognitive distractions

These occur when your mind is elsewhere when behind the wheel, such as when you’re daydreaming or engaging in an intense conversation.

In states across the U.S., distracted driving is a significant legal issue as many laws prohibit the use of handheld devices while driving or other distractions that may divert your attention.

Using or engaging in these distractions can impose hefty fines or penalties for violators. Some common causes of distracted driving on roadways include texting, playing with your GPS, eating, or even simply interacting with passengers in your vehicle.

These behaviors can not only violate traffic laws but also establish negligence in an accident claim.

Collection of Evidence to Support a Distracted Driving Claim

Proving that distracted driving occurred in the accident you were involved with will be challenging, often requiring robust evidence to be collected which demonstrates that other drivers’ actions directly contributed to the incident. The most common pieces of evidence used to support claims include:

Eyewitness Testimony

Passengers, pedestrians, or other drivers who saw the accident unfold can confirm if the at-fault driver appeared distracted, with eyewitness accounts often being critical for providing real-time observations.

Police Reports

Accident reports can be a goldmine of information as officers often document signs of distracted behavior, such as the driver admitting to texting or being visibly inattentive.

Phone Records

A subpoena can reveal if the driver was texting or calling at the time of the crash as phone logs provide precise timestamps that can align with the accident timeline.

Video Footage

Traffic cameras, dashcams, or security cameras near the accident site may capture the driver engaging in distracted behaviors, and this visual evidence is hard to refute in court or during settlement negotiations.

Physical Evidence

Items like a phone on the driver’s seat or spilled food in the vehicle can indicate distraction, as well as photos of the crash scene which can also corroborate claims of distracted driving.

By compiling as much of the above evidence as possible, you can strengthen your case and increase the likelihood of a favorable outcome.

Working with Expert Witnesses to Defend Your Claim

Beyond the above pieces of evidence, a lawyer may suggest that car accident victims work with expert witnesses to defend their claim. Professionals such as accident reconstruction experts, medical experts, and technology specialists can all play a role.

The first group can help by analyzing vehicle positions and impact points to recreate the accident to show how inattention from one driver may have led to the event.

Medical experts can be helpful by documenting the injuries sustained in the crash, specifically if they are more seen during distracted driving cases.

Finally, technology specialists can help as they can interpret phone records, app usage data, GPS activity, and other items to confirm the other driver’s distraction.

The testimony of expert witnesses often carries significant weight in court and can reinforce the victim’s claims with scientific and professional backing.

How to Navigate Legal and Insurance Challenges

The process of proving distracted driving occurred in your car accident will not be without its challenges. Insurance companies and defense lawyers alike may employ tactics to minimize their liability.

Insurance companies are notorious for arguing that distractions are unrelated to crashes and may attempt to downplay the responsibility of their client. This is why victims must focus on proving negligence, via a driver breaching their duty of care on the road, directly causing the accident.

It’s also worth noting on the legal front that some states use a comparative fault system, meaning compensation for damages may be reduced if you are partially at fault for the accident as well.

However, by establishing clear evidence of the other driver’s distraction, you can help to minimize the shared liability to maximize what you are awarded.

The Role of an Experienced Car Accident Attorney

An experienced car accident attorney will inevitably play a vital role for car accident victims in proving that distracted driving occurred by streamlining evidence collection, subpoenaing necessary records, and engaging with expert witnesses to build a compelling case.

Additionally, an attorney will help you negotiate with insurance companies to ensure fair compensation and will be prepared to take the case to court if necessary.

By having a skilled legal advocate at your side, you will significantly improve your chances of holding the at-fault driver accountable.

Empower yourself to seek justice

Distracted driving is a preventable yet pervasive issue that affects thousands upon thousands of people annually. For accident victims, proving that distracted driving occurred is essential to obtaining justice and financial relief.

By gathering strong evidence and working with expert witnesses, you can build a solid case to make your argument to a judge or to insurance.

In the event you or a loved one has been injured in a distracted driving accident, take action today by reaching out and consulting with an accredited car accident lawyer who can explain your legal options.

Car Accident Victims Can Prove Distracted Driving and Secure Compensation

Distracted driving continues to be a major cause of car accidents, with devastating consequences for victims. To secure compensation, accident victims need to gather solid evidence and work with an experienced attorney.

By using eyewitness accounts, phone records, video footage, and expert witnesses, victims can strengthen their claims and hold negligent drivers accountable. If you’ve been involved in a distracted driving accident, seeking legal guidance can ensure you receive the justice and compensation you deserve.