Distracted driving happens when something takes a driver’s attention away from the road. The distraction can be anything from texting to eating to talking with passengers while driving. While they can be part of someone’s everyday habits, they can pose a lot of risk because they divide the individual’s attention. And when this happens, that driver’s inattention becomes an accident waiting to happen.
If you are a victim of distracted driving, you might have a hard time proving it. It would be your word against theirs. So, what can you do? First, let us look at the signs:
What are the signs the other person was distracted
A focused driver can notice even before the crash that the other driver was not paying attention on the road. These signs can include:
- The other car was swerving or veering from one lane to the other.
- The driver failed to brake on time, causing them to crash.
- Speeding through the red light may suggest the other driver did not see it.
- There were no skid marks showing the other driver was trying to avoid the crash.
- The other driver might say they did not see you.
These are some of the telling signs of a distracted driver. So what do you do when you find yourself in such situation?
How can you prove distraction
To prove that the other driver was distracted, you need evidence that shows they were inattentive. Here’s how:
- Dashcam footage: A high-quality dashcam can capture everything—before, during and after the crash.
- Surveillance cameras: Data from surveillance cameras can back up your dashcam data in case the other driver tries to disprove your evidence.
- Witnesses: Bystanders who happen to be present during the accident can provide first-hand accounts of what happened.
- Phone records: The driver’s phone records can prove whether they were calling or texting during the accident.
- Police accident report: Officers may include their analysis based on the accident scene.
- Black box data: A vehicle’s black box contains logs that track key driving metrics, including phone usage, speed and more.
Putting all this information together can help prove whether the other driver lost focus while driving.
Why legal help matters
Gathering all pieces of evidence can take time and doing it all by yourself can be stressful. Getting the help of an experienced personal injury attorney frees you, allowing you to focus on getting better. They also know what steps to take, such as talking to witnesses or issuing subpoenas. They can also build a strong case against the offending driver.
If you or a loved one is a victim of distracted driving, you deserve answers. Most of all, you are entitled to fair compensation.
