Can You Prove Distracted Driving Caused an Accident?

Distracted Driving Causes Accidents

When we talk about distracted driving, most will think of using a cell phone – talking, texting, emailing – but there are many activities that can distract a driver and lead to a serious accident. Defined, distracted driving is any activity that takes your attention away from driving. When pursuing a personal injury claim, the challenge may be whether you can prove distracted driving caused your accident?

distracted driving takes your attention away texting emailing cell phoneDistracted 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 other controls on the dashboard
  • Daydreaming

Proving Distracted Driving

Yes, it can be challenging to prove distracted driving was the cause of an accident; however, you can gather the following types of evidence that may ultimately support the other driver was distracted.

  • Cell phone records can show whether the driver was on the phone or texting at the time of the crash. Your lawyer can subpoena these records which will show the exact time and date of the activity.
  • Electronic trails may be left by things such as instant messaging apps, social media platforms and email messaging. Experts can be hired to investigate this data as it pertains to an accident.
  • Witness statements from passengers in your car as well as the other driver’s passengers can tell what theywitness statement driving caused an accident texting and driving don't text and drive know and saw. In addition, there may be passersby and/or pedestrians who saw the accident as well as people in other cars.
  • The police report may include notes from law enforcement officers at the scene, such as their own observations of distracted driving or incriminating behavior, evidence suggesting the driver may have been distracted, the at-fault driver’s own statement, what officers found on the drivers cell phone and more.
  • Video footage from devices such as traffic camera recorders, police car dash cams, body cameras, security/surveillance cameras and other cell phones may visually tell the story.
  • The scene of the accident might give you some indications or additional forensic evidence. For instance, a lack of tire or brake marks may indicate the other driver did not hit the brakes meaning that his or her attention was not solely on the road. You might want to video tape the scene as soon after the accident as possible to show such evidence.
  • An accident reconstruction specialist can look at the scene and all other evidence then create a demonstration of how they believe the accident occurred

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.

Do You Need Legal Assistance? We Can Help.

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. We have a successful track 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.



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Editor’s Note: This post was originally published September 14, 2020. It was reviewed on April 2, 2023, and updated for content and accuracy.

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