When you are involved in a car accident, one of the things that will be considered is whether or not distracted driving was a factor. This is a critical determination, as it can affect the outcome of your case significantly. Speaking with an injury attorney is vital to discover your options. In this blog post, we will discuss what evidence is needed to prove that distracted driving was a factor in your car crash. Keep reading to learn more!
First And Foremost You Should Consult An Attorney
First and foremost, you should consult an attorney. If you have been involved in a car accident, there are many legal complexities that may arise. Particularly in a DUI defense as it can lead to a serious criminal offense. An experienced attorney will be able to navigate these complexities and help you obtain the compensation you deserve. The expert lawyers from HerrmanAndHerrman recommend that you consult with an attorney as soon as possible after your accident. If you decide to move forward without an attorney, there are still some things you can do to build your case.
Suppose you were injured in a car accident involving a drunk driver. In that case, it’s essential to seek the advice of a dram shop lawyer, who can help you determine if a bar or restaurant that served the driver alcohol can also be held liable for your damages.
You Will Need A Police Report
If you were in a car accident, especially one involving a hit and run, and believe that the other driver was distracted, one of the first things you will need is a police report. The police report can provide valuable information about what happened, including any citations that were issued to the other driver.
If the police determined that the other driver was at fault, this can be helpful evidence in your case. However, even if the police did not issue a citation, the report can still be used to show that the other driver was distracted at the time of the accident.
Eyewitness Statements Will Prove Very Useful
Eyewitness statements will provide very useful information in a car crash case where distracted driving is suspected. If there are any witnesses to the crash, be sure to get their names and contact information so that they can be interviewed later.
Eyewitnesses can often provide valuable information about what happened leading up to the crash, which can be helpful in proving distracted driving. In addition, if there were any passengers in the car at the time of the crash, they may also be able to provide useful information. Be sure to get their names and contact information as well.
The Cellphone Records
In order to prove that a driver was distracted at the time of a car crash, one key piece of evidence is their cellphone records. This can help to show whether or not the driver was using their phone in the moments leading up to the accident. The records can also provide insight into how often the driver uses their phone while driving, which can be used to support the argument that they were distracted at the time of the crash.
Many people forget that these records can be pulled in a civil lawsuit. So, if you have been in a car accident and suspect that the other driver was distracted, be sure to ask your attorney to request these records as part of the discovery process.
Any Surveillance Footage
If you have any surveillance footage of the accident, that can be helpful in determining who is at fault. The footage can show whether or not the other driver was distracted at the time of the accident. If you were driving next to the other driver at the time of the accident, you may be able to provide a statement about their driving behavior leading up to the accident.
Or if you were on the streets with cameras, that footage can also help. If you live in a city with red light cameras or speed cameras, that footage may have captured the other driver’s distracted behavior. Even if there’s no footage of the actual accident, any footage of the other driver driving erratically prior to the accident can be helpful in proving that they were distracted.
The Crash Reconstruction
The first and most important step in any car crash reconstruction is to document the scene. This includes taking measurements of the skid marks, debris, and other physical evidence. It is also important to take photographs of the scene from different angles.
The next step is to interview witnesses and collect statements. These statements can be used to help piece together what happened. The last step is to analyze all of the evidence and come to a conclusion about what happened.
If you have been in a car accident and believe that the other driver was distracted, there are many pieces of evidence that can be used to prove it. The most important thing is to document the scene and collect statements from witnesses. If you have any surveillance footage or cellphone records, those can also be helpful in proving the other driver’s distraction.