How to Prove Distracted Driving
Posted in Car Accidents on September 10, 2022
Distracted driving happens every day, despite being extremely dangerous. Every year, serious accidents are caused by drivers who talk on the phone, eat, text, or engage in another distracting activity while behind the wheel.
It can be very difficult for victims to prove that the at-fault driver was distracted at the time of their accidents. However, it is possible with the right resources and the support of an attorney who specializes in distracted driving cases.
Liability in Missouri Distracted Driving Claims
In Missouri, drivers have a responsibility to follow the rules of the road. They must also drive their vehicles in a safe and careful manner. If any driver fails to uphold this duty and causes an accident, he or she would be financially responsible for any damages suffered by the victims.
Distracted driving is extremely dangerous, and Missouri has laws that prohibit certain practices, like texting and driving. If a distracted driver causes an accident, he or she would be liable. To prove a claim, you will need to present evidence that shows that the driver was not paying attention at the time of the collision, and that the distraction caused the accident.
Evidence That Can Be Used in a Distracted Driving Case
Usually, one piece of evidence is not enough to establish that a driver was distracted.
You will need to present several documents to prove a distracted driving claim. Some of the most powerful pieces of evidence include police reports, witness testimonies, and electronic data.
When you report a car accident to the police, a report will be created and include important information about the collision. This may include statements from the parties who were involved, information about eyewitnesses, and the officer’s opinion of how the accident likely occurred.
Your police report may contain an admission of guilt from the distracted driver, which you could use in your case. The officer may also see something that indicates that the driver was distracted and will note it in the report.
Many distracted driving accidents involve electronic devices, particularly smartphones. If necessary, your attorney could subpoena these electronic records to determine whether he or she was using a phone at the time of the collision.
Additionally, your accident may have been recorded on surveillance footage in the area. If you obtain this evidence quickly, you may be able to see the driver engaging in a distracting activity in the moments before the crash.
Physical evidence found in and around the at-fault driver’s vehicle could also help prove your case. For example, if the driver has a recently used cell phone, a bag of makeup, or open food containers in the vehicle, you could use this evidence to corroborate any allegations that you make.
Tire tracks are another powerful piece of physical evidence. If a driver fails to brake in response to a hazard or continues to drive in an area where cars are supposed to yield, his or her tire marks will indicate this.
Statements from witnesses who saw the crash can also be very powerful. These people can help corroborate certain facts about the case and may have even seen the driver be distracted before the crash.
Speak to an Attorney about Your Distracted Driving Crash
If you were injured in a distracted driving accident, an attorney can help you gather the evidence that you need to prove liability. As soon as possible after your accident, contact a Kansas City car accident lawyer to discuss your next steps.