How to Prove a Driver Was Distracted in a Car Accident

Seek Legal Guidance

The first thing you should do after suffering injuries in a car accident caused by a distracted driver is to seek legal guidance. You will need the help of an experienced attorney to demonstrate that the accident was, in fact, caused by a distracted driver. An attorney will then be able to help you seek compensation for the damage caused by the driver’s negligent behavior. If you need an experienced attorney, our team at Suzuki Law Offices is here to help you.

Analyze the Scene of the Accident

Analyzing images of the car accident and video surveillance footage can help prove that the other driver was distracted. A driver who was paying attention to the road would likely break or swerve to avoid a collision. However, if the images or videos don’t show any sign of avoidance from the other driver, it could demonstrate that they were distracted.

Analyze at Driver’s Cellphone Records

If you believe the other driver was using their phone while driving, your attorney can request the other driver’s cellphone records. Doing so will help you demonstrate that they were either texting or calling right before the accident occurred.

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Request the Police Report

Another useful resource to help you prove that the other driver was distracted is to request the police report for your accident. A police officer’s report can help you determine whether the other driver was distracted or not. Although a police report isn’t sufficient evidence, it can help steer your case in the right direction.

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Obtain Eyewitness Statements

Eyewitnesses can also be useful to demonstrate that an accident was caused by a distracted driver. You and your attorney can request official statements from eyewitnesses to help prove your case. The eyewitness may be able to verify that the driver was texting or eating right before the crash.