Male driver holding out cellphone while driving

How to Prove Distracted Driving

After getting into an accident, one of the first thoughts may be, “How did this happen?” This is usually a more common thought if you were not the one responsible for the crash. It may be difficult to determine the “why” if the crash happened as if what seemed to may have been out of nowhere. However, if you saw the at-fault driver before the crash doing something that may have been distracting them, then you may have the answer as to why the accident happened in the first place.

Whether you are immediately aware of the reason behind the crash or not, if you choose to file a personal injury lawsuit, this factor may be brought to light. While it’s not impossible to prove distracted driving was the root cause of the accident, this task can be difficult to do on your own.

Burden of Proof

The burden of proof is usually not on the at-fault driver (the common adage innocent until proven guilty). While you may have a recollection of the events that led up to the accident, any additional eyewitnesses will be an essential asset in proving that the at-fault driver was distracted prior to the accident.

If other drivers stop to help at the scene of the accident, ask them to stick around so a police officer can take their statement of what occurred leading up to the crash.

Police Report

Going off the note above, a police report is crucial when proving who was at fault for a crash and if distracted driving was involved. It is the role of law enforcement to make sure everyone is treated for potential injuries and then to evaluate the scene of the crash. During this evaluation, law enforcement can usually identify how the accident happened between their training and eyewitness accounts. While a police report is highly regarded in court, it can be contested.

Admission of Guilt

This may be the most refutable evidence for a personal injury case. If the at-fault driver admits guilt after the accident, it is critical to get that information on record whether that be in writing, on video, or another format. This key evidence makes it extremely difficult for the at-fault driver to deny. While most drivers will not go out of their way to admit fault for an accident, if you are in an accident and a driver does admit fault, find a way to get that on record as quickly as possible.

How The Roth Firm, LLC Can Help

Whether you have evidence after an injury accident or not, the team at The Roth Firm, LLC can help. Our experienced personal injury attorneys have helped clients who have had evidence of distracted driving and no evidence of distracted driving. Our mission is to make sure you receive justice after an accident you did not cause.

See how we have helped past clients and contact us online or by phone today — (404) 777-4899.