Driver distraction is one of the most typical reasons for car accidents across the country. Stats from the National Highway Traffic Safety Administration state that 3,166 individuals passed away in 2017 alone from distracted drivers.
Furthermore, according to the Centers for Disease Control and Prevention (CDC), approximately nine people are killed and more than 1,000 injured daily in crashes that are reported to include a distracted driver.
Common examples of driver distractions include:
- Using makeup
- Passengers inside the automobile
- The radio
While distracted driving is one of the most typical acts of neglect that causes traffic accidents, it is likewise one of the toughest acts to prove in a court of law.
Evidence should show that the driver wasn’t paying attention to the roadway and that his or her behavior led directly to the accident taking place.
So, how can you get proof that shows the other driver was distracted at the time of your mishap?
If you believe the driver that caused your automobile mishap was distracted at the time of the crash, our Houston car accident lawyers will fulfill the burden of proof.
Analyze The Scene of The Accident
Video footage from surveillance cameras, driver or police dash webcams, and cellular phone videos shot by passengers in other vehicles can capture distracted drivers. Pictures of the scene of the automobile mishap could also help prove the other driver was distracted.
If something had actually not been distracting the driver, for instance, she or he likely would have slammed the brakes and left tire marks on the ground.
Pictures that reveal a lack of tire or brake marks could function as evidence that the other driver did not hit the brakes and therefore was more than likely distracted enough not to notice the obstacle.
Crash restoration and an examination of the damages on each car could likewise help develop that the other driver never swerved or struck the brakes prior to impact.
If presented in court, this can provide irrefutable evidence of how the person in question was driving in a distracted manner.
The Other Driver Admits Guilt
Some motorists may own up to their negligent behavior after an accident. Nevertheless, even if the other chauffeur states,
Sorry, I was answering the phone and didn’t see the stop sign.
Your case still may not be as open and shut as it appears.
Even if the other driver admits fault, the admission of guilt might not be admissible in court under the hearsay doctrine.
Though the admission may not be allowed in court, it may be utilized to support your case in general, especially if you’re pursuing a settlement out-of-court.
Ask Eyewitnesses for Statements
Some distracted driving mishaps have eyewitnesses at the scene who saw the distracted driver engaging in dangerous activities prior to the accident.
Requesting official statements from these eyewitnesses might help prove your case. If another driver nearby saw the driver that hit you eating fast food behind the wheel a few minutes before the crash, for example, this might act as an important proof of driver distraction.
Get Police Reports
Always call the police after an accident involving any personal injuries, casualties, or property damages.
A police officer will have the training in examining the scene of a mishap and deducing fault. While an officer’s viewpoint alone might not be hard proof of driver distraction, it could help convince a judge or jury of the other driver’s fault.
For instance, an official accident report might have information such as the speed of the crash, whether the other driver struck the brakes and if the driver appeared distracted throughout interviews.
Access The Driver’s Mobile Phone Records
Cellular phones are a common source of driver distraction. In 2017, 42% of high school teens surveyed admitted to texting or emailing while driving in the past 30 days.
Texting and driving are specifically dangerous since:
- It distracts a driver manually by typing a message
- Visually reading a message, and
- Cognitively thinking of a message
These are 3 possible ways an individual is distracted while texting and driving.
It may be possible to show a driver was using a handheld mobile device in the minutes leading up to an automobile mishap by accessing his/her mobile phone records.
A legal representative can subpoena the driver’s mobile phone company to obtain mobile phone records. Then, you or your legal representative can utilize the cellular phone records to establish that the driver had actually sent out a text, opened an e-mail or been watching a video at the time of your mishap.
Work With a Crash Expert to Testify
Crash specialists have years of experience studying cars and truck mishaps and figuring out fault based upon readily available evidence.
Hiring a professional to testify throughout your crash case could help demonstrate the defendant’s distraction to the courts.
A car and truck mishap professional might affirm whether something was distracting the other driver at the time of the accident based on a professional analysis of the facts available.
Request an Attorney’s Support
Proving another driver’s distraction and causation for your automobile mishap can be difficult. The accused might counter your claims with proof or professionals of his or her own.
The very best way to develop a strong case against a distracted driver is to hire a personal injury attorney.
A lawyer will have the experience and resources to help you fulfill the burden of proof during a claim.
Your legal representative can gather proof, talk to eyewitnesses, hire experts and take other steps to prove a case on your behalf.
If you or a loved one have been involved in a traffic accident, and you suspect the other party was driving distracted, you should have an attorney who will fight to get you justice.
The legal team, Joe I. Zaid & Associates are dedicated to getting clients the compensation they deserve after someone else tosses their life in disarray.
Call our Houston office at (281) 990-5200 for a no-obligation consultation. Let our car accident lawyers handle your case while you and your family concentrate on recovery and getting back to your lives.