Can You Prove Distracted Driving Caused an Accident?

• September 14, 2020
• Automobile Accidents

Published: September 14, 2020 • Updated: April 2, 2023

When people think about distracted driving, they often picture someone using a cell phone—talking, texting, or emailing. But the truth is that many different activities can divert a driver’s attention and lead to a serious accident. Distracted driving is defined as any activity that takes your focus away from operating a vehicle. When pursuing a personal injury claim, the challenge may be whether you can prove that distracted driving caused your accident.

Distracted driving activities include (but are not limited to):

• Talking with others in the car (passengers)
• Eating or drinking
• Grooming activities (combing your hair, applying lipstick)
• Reading
• Adjusting the radio or dashboard controls
• Daydreaming or mentally “checking out”

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Proving Distracted Driving

It’s true that proving distracted driving caused an accident can be challenging. However, several types of evidence can help establish that the at‑fault driver was not paying attention:

• Cell phone records can show whether the driver was calling, texting, or using data at the time of the crash. Your lawyer can subpoena these records to obtain exact timestamps.
• Digital activity logs. Messaging apps, social media platforms, and email services often leave electronic trails. Digital forensics experts can analyze this data to determine whether the driver was active online.
• Witness statements. Passengers, pedestrians, other motorists, and bystanders may have seen the driver’s behavior before or during the collision.
• Police reports. Officers at the scene may document observations of distracted behavior, statements from the at‑fault driver, evidence suggesting the driver may have been distracted, or evidence found on the driver’s phone.
• Video footage. Traffic cameras, dash cams, body cameras, surveillance systems, and even cell phone videos can provide visual proof of distraction.
• Accident‑scene evidence. Physical clues—such as a lack of skid marks—may indicate the driver never braked, suggesting their attention was elsewhere. Capturing photos or video of the scene as soon as possible can be valuable.
• Accident reconstruction. Specialists can analyze all available evidence and create a detailed reconstruction showing how the crash likely occurred.

Why Legal Representation Matters

The best way to build a strong case against a distracted driver is to hire a personal injury lawyer, one with the experience and resources needed to help you prove your claim. Your lawyer can take the burden off your shoulders by gathering evidence, interviewing witnesses, hiring experts, and more.

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Do You Need Legal Assistance?

If you have been injured in a motor vehicle accident in which you suffered serious injuries due to another’s negligence, having an attorney who is your advocate can offer you peace of mind during your recovery. Call Nash & Franciskato at (877) 284-6600. Our team has a proven record of helping accident victims collect the compensation they deserve.

One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.

INJURED? START YOUR FREE CASE EVALUATION TODAY

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