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How to Prove Distracted Driving Caused Your Accident

When you’re driving, you’ll rarely find yourself on the road alone. Drivers have to share the road with each other, pedestrians, road workers, and the occasional road hazard. This is important to be aware of because it means that drivers must remain alert. Distracted driving is a frequent cause of many road accidents. Reckless drivers are often distracted by their phones, food, or fiddling with their car’s features.

Paying attention to anything other than the road is dangerous and can lead to accidents. However, if you find yourself in an accident caused by a distracted driver, it may be trickier than you think to prove that the other driver was distracted. There are a few ways to prove distracted driving caused your accident, and experienced car accident lawyers have access to resources that can help you prove your case. The following are ways that our accident lawyers can help prove the other driver was distracted.

Check Any Available Camera Footage

Nowadays, there are cameras everywhere. Buildings have cameras to capture the exterior. There are traffic cameras to catch people violating the law. Also, many drivers have outfitted their vehicles with dashboard cameras in case they get into an accident. After an accident, take a look around you and note the presence of any cameras. Try to check for any available camera footage to see if you can find evidence of the other driver being distracted. The other driver may even have their own dashcam.

Look at Their Cell Phone Records and Social Media

People are often distracted while driving because they are using their cell phones. Cell phone records may reveal that the other driver was texting or taking a phone call when the accident occurred. Our lawyers can often obtain and check the other driver’s phone records for text messages and phone calls that line up with the time of the accident. This information can be difficult to obtain, so consider consulting a lawyer to learn more about cell phone records.

Like texting and driving, making social media posts while driving can also lead to accidents. The at-fault driver’s phone could reveal that they were using social media while driving. We can check the timing of their posts and comments. Also, pay attention to apps and sites that keep track of when their users are actively online.

Read the Police Officer’s Report

Whenever you’re in an accident, one of the first things you have to do is call the police to make an official report. You may be able to read the police report, and they could have evidence suggesting that the driver who caused the accident was distracted. Note the officer’s observations. See if they mention any possible distractions in the other driver’s car, such as handheld technology, food, or touchscreen dashboard displays.

When police officers are writing the report, they should take statements. Read the other driver’s statement and note what they say they were doing before the accident occurred. Also, if any Witnesses or interviewed, check out the witnesses’ testimonies. Witness statements may reveal that someone saw what the other driver was doing before the accident.

Ask about Their Car’s Data Records

Cars are becoming more technologically advanced. Newer models have all sorts of monitoring software that could be keeping track of the driver’s habits while they’re behind the wheel. Suppose investigators can access their car’s data. In that case, the car may reveal information about their speed, their Bluetooth usage, GPS or radio access, or anything else that could have taken their eyes off the road during the time of the accident.

Reach Out to an Experienced Car Accident Lawyer to Help You Prove Your Case

Feller & Wendt, LLC is equipped to handle your car accident case. With a staff of experienced car accident lawyers, our firm has handled various cases and used our extensive knowledge to successfully help our clients. Our firm is familiar with all types of car accidents, so if a distracted driver is involved, we’ll know the signs and how to prove it. Schedule a free legal consultation with a member of our firm by calling us at (801) 499-5060 or submitting our contact form.