How Can You Prove that a Driver was Distracted?Trusted Content
Legally reviewed by:Erik Abrahamson, J.D. December 11, 2018
Distracted driving is one of the leading causes of car accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accounted for 3,450 deaths in 2016 alone. In Florida, distracted driving is on the rise. In 2017, more than 50,000 accidents in Florida resulted from drivers who were not paying attention to the road.
What is Distracted Driving?
Distracted driving is the practice of driving a motor vehicle while engaged in another activity. Distracted driving usually involves the use of a mobile device but can also include such activities as:
- Playing with the radio
- Disciplining children
- Programming a navigation system
- Eating and drinking
Proving a Driver was Distracted
In order for the victim of a distracted driver to recover damages, it must be proven that the driver of the other vehicle was distracted. There are a number of different ways to prove that a driver was engaged in distracted driving, including:
- Admission by the driver—while this is not likely, sometimes a driver will apologize for the accident and admit that they had been distracted by their cell phone or something else. Sometimes this statement is made to police and would be included in a police report.
- Statements from eyewitnesses—witnesses to an accident may be able to provide valuable information about what they saw a driver doing. If a witness saw a driver talking on the phone, reaching into the backseat, or participating in some other distracting activity, this can be helpful in establishing distracted driving.
- Cell phone records—a driver’s text and phone call records could show that they were distracted by their phone at the time of the accident.
- Video footage—video from police dash cams, cell phones, or surveillance cameras can all be used to establish that a driver was distracted.
- Expert witness testimony—someone certified as an expert witness can take a look at all of the evidence surrounding an accident and make a determination that distracted driving was a factor in the crash
Contact a Trusted Attorney
If you’ve been injured in an accident with a distracted driver, it’s important to consult with an experienced personal injury attorney as soon as possible to ensure that all relevant evidence is collected. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-538-4878 to schedule your free consultation.