How to Prove Distracted Driving

How Do I Prove a Distracted Driving Accident?

Distracted drivers cause hundreds of thousands of car accidents in the United States each year. Despite being entirely preventable, distracted driving has become a leading cause of accidents in New York and other states throughout the country. Each year, far too many people suffer serious injuries and lose their lives due to careless mistakes that could – and should – have been avoided.

If you are seriously injured in a distracted driving accident, you may be entitled to compensation from the at-fault driver. But, in order to recover just compensation, you must be able to prove that the other driver was distracted and caused the accident as a result.

At Dreyer Boyajian LLP, our distracted driving accident lawyers have extensive experience handling car accident claims involving drivers who fail to pay attention to the road. Please call (518) 463-7784 today for a free case evaluation. Our attorneys serve clients in Albany, Troy, Schenectady, Saratoga Springs, and other areas of New York.

10 Types of Evidence that Can Be Used to Prove Distracted Driving

How do you prove that the other driver was distracted? Without evidence, it is your word against the other driver’s. Therefore, it is important to contact a distracted driving accident lawyer who can investigate the crash and determine its cause.

Here are 10 types of evidence that our lawyers may be able to use to prove liability in your distracted driving accident:

1. The Police Report

If you (or anyone else) called 911 from the scene of the accident, the responding officer should have prepared a police report at the crash site. If the other driver admitted to being distracted, or if the responding officer observed other evidence of distracted driving (i.e., a cell phone in the driver’s footwell), this may be reflected in the report.

2. The Driver’s Admission at the Scene

In some cases, drivers will admit to being distracted behind the wheel. If the driver who hit you or your loved one admitted to being distracted, then your attorney may be able to use the driver’s own words to prove your claim for just compensation.

3. The Driver’s Admission on Social Media

In addition to admitting to being distracted at the scene of the accident, it is also very possible that the driver could admit to causing the accident on social media. If the other driver posted about causing the accident on Twitter, Facebook, Instagram, or any other social media platform, your attorney may be able to use this as well.

4. The Driver’s Cell Phone Records

If you have reason to suspect that the other driver may have been talking on the phone or texting at the time of the crash, your attorney can subpoena the driver’s cell phone records to prove it.

5. The “Black Box” Data from the Driver’s Vehicle

In addition to subpoenaing the driver’s cell phone records, your attorney may also be able to subpoena the “black box” data from the driver’s vehicle. In addition to showing behaviors like speed and harshness of braking, the data may show that the driver was following GPS directions or using the car’s infotainment system at the time of the crash.

6. Eyewitness Testimony

If any other drivers, passengers, or bystanders saw that the other driver was distracted in the moments leading up to the crash, these individuals may be able to provide eyewitness testimony in support of your claim for financial compensation.

7. Traffic or Surveillance Camera Footage of the Accident

If a traffic camera or surveillance camera captured the accident, your attorney may be able to use a subpoena to obtain the footage. Many traffic and surveillance cameras capture high-quality video, and the footage could clearly show that the other driver was using his or her phone (or was otherwise distracted) at the time of the crash.

8. Your Photos from the Crash Site

If you were able to take photos at the crash site before you left, your attorney can hire an expert to carefully review your images and determine if they provide evidence of distracted driving. A forensic expert may be able to scrutinize even the most minute details in your photos and provide an assessment of the factors involved.

9. Forensic Evidence from the Crash Site

In addition to reviewing your photos, a forensic expert can also visit the crash site to take more photos and gather any other evidence that may be available. From skid marks on the ground to debris on the side of the road, there are various types of forensic evidence that may be available to help piece together a claim for distracted driving. 

10. Expert Testimony

Finally, our lawyers may hire one or more experts to review the evidence and offer an opinion on the cause of the accident. If your claim goes to trial, we will arrange for the expert(s) to testify on your behalf.

Contact a Distracted Driving Accident Lawyer Today

Dreyer Boyajian LLP has been serving clients throughout the Capital District for over 30 years. We have extensive experience handling car accident claims, including those where the at-fault driver was distracted.

For a free consultation with one of our experienced distracted driving accident lawyers, please call (518) 463-7784 today. Dreyer Boyajian LLP serves clients in Albany, Troy, Schenectady, Saratoga Springs, and other areas of New York.

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