Distracted Driving In A Car Accident: How To Prove Fault

Driving is fun, isn’t it? It’s fascinating when you have the skills for it and the open road. But there’s a lot that could happen that could prevent you from enjoying that ride. It could be bad weather, a bad road, or car problems. These are all situations that could ruin a good driving moment. No one wants to be involved in a car crash. It’s a traumatizing moment and one that could leave physical and mental scars. There are so many causes of car accidents. Distracted driving is among the most common causes of car crashes. Here’s how to prove fault.

distracted driving

What Is Distracted Driving?

Before you get it all wrong, you need to know what distracted driving means and how it can have an impact on you. To be behind the wheel, you need to be completely focused. Anything that comes between you and your attention while driving could be disastrous, and this is not what you want. Whether you have passengers on board or alone in the car, avoid anything that could rob you of your attention span. If you are ever in a car accident that you were distracted, you need these car accident attorneys to help defend you in such situations. Distracted driving can lead to death, injuries, or property damage. Ensure that you have the best attorneys to defend you if you were the at-fault driver or a victim of the same. Below are some ways that a driver could be distracted while driving:

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  • Texting while driving 
  • Taking calls while driving
  • Fidgeting with the music system
  • Adjusting the air conditioner while driving 
  • For the ladies, applying makeup
  • Dealing with hyperactive kids in the car

Proving Fault In A Distracted Driving Accident

Do Not Admit Fault

If you have been involved in any type of accident, and distracted driving is no exception, do not admit that you were the at-fault driver. This could land you into this will be an admission of guilt, and when investigators come knocking at your doors, you’ll have no defense whatsoever. As the Miranda saying goes, “you have the right to remain silent,” and you have every right to keep things to yourself. Let the investigators find the facts on their own. 

Eyewitness Accounts

If you are a victim of a distracted driving accident, you could use the testimony from eyewitnesses to prove fault. There are always people who are watching, and they could help with your cases. However, you’ll need to obtain their addresses just in case you want to take the case to court. You should know that witness information will help to strengthen your case, and if you have an attorney working with you, they’ll use this information to help build your case. 

Provide Physical Evidence

CCTV

Right at the accident scene, you can take pictures or get CCTV footage if any exist. Whether it was an accident that was caused by obstruction, a black spot, or in this case, distracted driving, you have every reason to provide the evidence when asked to. Distracted driving could mean so many things. It could be that the weather conditions were not favorable or that the other motorist was at fault. Either way, you have something to help explain what happened. 

Document The Accident

As earlier mentioned, you should have some form of evidence. Taking accident pictures can help prove the case. But you can go a step further and obtain the police accident report; the boys in blue will document any car accident. This is enough evidence to prove fault. If you are a victim of a distracted driving accident, a police accident report could help with your case. 

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Get A Phone Record Subpoena

If the other driver was at fault and knew that they were on a phone call when the accident took place, you can have your attorney get a subpoena for their phone records. This will help provide more evidence in your case. This will also help prove that the at-fault drive was on a phone call at the time of the accident. They could have been scrolling on their social sites while driving, one of the many causes for distracted driving accident cases. 

The above are ways on how you can prove fault in a distracted driving accident case. Ensure that you have all the facts but, most importantly, that you have an attorney working on your behalf. Most law firms charge you on a contingency basis, so don’t worry about the costs.  

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