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Proving distracted driving

Mar 5, 2021 | Motor Vehicle Accidents

Distracted driving is one of the most dangerous forces on our roads today. People who multi-task while driving claim thousands of lives every year on streets and roads throughout the U.S. One of the challenges facing a personal injury lawyer is proving a driver was engaging in careless behavior at the time of the accident. In handling distracted driving cases, attorneys seek evidence in:

  • Accident scene evidence: Did the at-fault driver brake prior to the accident, leaving skid marks, or crash without attempting to slow down? The absence of skid marks may indicate the driver was distracted and wasn’t even able to react in time to slam on the brakes. Evidence inside the car, such as an active smart phone, could also tell a tale that points to negligence.
  • Cell phone logs: Every phone call we make or text we send is recorded by our cell phone provider. In the case of a motor vehicle accident, it is often possible to obtain records that prove a driver was texting, making a phone call or otherwise distracted at the time of the accident.
  • Eyewitness testimony: A passenger in the driver’s vehicle may be happy to reveal the driver was texting or browsing social media at the time of the accident. Dangerous behavior sticks in the memory. Eyewitnesses in and out of the involved vehicles could provide damning testimony in a personal injury case.

If you were injured by a distracted driver, make sure you talk with a personal injury lawyer with the skill and experience to find the facts that may prove decisive in your case.

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