In recent studies, it’s been proven that driving while distracted, specifically texting, is worse than driving while under the influence. Unfortunately, over 30% of car accidents are caused by distracted drivers, many of whom will admit so willingly. For those who are less willing to be truthful, here is how to prove you were hit by a distracted driver:
Often times proving this can be a very difficult task. The first step, in any case, would be to get an attorney on board with you. This is important because an attorney will know all of the traffic laws in your state and when it comes to distracted driving, there are many details in the legal language you may need professional help decoding.
Specifically, for texting while driving, the first thing you’ll want to ask your attorney is whether or not texting while driving is illegal in your state. If the answer is “yes,” then this may be enough evidence to prove that the alleged is guilty. However, much of what the outcome of your case will depend on you being proactive at the scene of the accident. Initially, you’ll want to accept any medical care offered right at the beginning. This will make it easier to prove that the injuries sustained were caused by the accident and not something else, helping your case later on.
Outside of this, be sure to take as many pictures as possible of things such as damage and traffic signs. Often times it will become apparent if a driver was distracted due to their inability to adhere to whatever the traffic signs were detailed at the time of the accident. Outside of physical evidence you provide, you will also want to ask for evidence, such as cell phone records, at the time of the accident. This can help to prove in phone specific cases that a driver was, in fact, distracted whether it be talking on the phone or texting.
This again is where having an attorney will be of enormous help. Often times cell phone companies won’t release records without some sort of court order to do so. This means that your attorney will need to subpoena the documents and you won’t have to worry too much about the logistics of that.