Proving Distracted Driving

Distracted driving is a leading cause of auto and truck accidents. When it comes to distractions at the wheel, it is no surprise that cell phone use and texting tops the list. Despite stricter laws prohibiting cell phone use while driving, The National Safety Council reports that nearly 1 out of every 4 car accidents in the United States is caused by texting and driving. A simple one-word text reply or casual scroll through your social media feed while driving can lead to a major auto collision with serious injuries or even death.

Were you injured in a car accident where you suspect the other driver was texting, using a cell phone or otherwise distracted at the wheel? A skilled distracted driver lawyer can help. There are a number of tactics used to prove distracted driving in an auto or truck accident case. If you suspect texting and driving, the following can help you prove your case:

Taking Notes at the Scene. You don’t have to physically take notes, but try your best to mentally note certain details at the scene of the crash, such as a cell phone in the driver’s hands or a cell phone with the screen turned on beside the driver. Now is the time to use your own cell phone to capture this important evidence if you are not badly injured and you can safely do so.

Gather Cell Phone Records. Fortunately, cell phone use often has a data trail that can be obtained by your lawyer. By subpoenaing the cell phone records, we can document the exact time and date of any texts, calls or other cell phone activity.

Research Social Media Activity. In many cases, cell phone usage while driving is not calling or texting. It is not uncommon for social media to lure drivers away from the road. While social media activity or web browsing may not appear on cell phone records, there are ways to prove it through online logs, timestamped activity and other electronic trails.

Get a Witness Testimony. One of the best ways to prove a driver was distracted or texting at the time of the collision is by another eyewitness, such as the passengers in either car, pedestrians near the crash, other drivers or a police report of the driver admitting cell phone usage.

Hire an Accident Reconstruction Specialists. If deemed necessary, it is possible to hire an accident reconstruction specialist, who is trained to recreate a demonstration of the accident and investigate any details that could strengthen your claim against a distracted driver.

Take Advantage of Traffic Cameras and Surveillance Footage. Sometimes, it’s all “caught on camera”! Traffic light cameras and security surveillance videos from nearby buildings can be a compelling tool in your case to prove distracted driving. A skilled attorney will consider this and obtain any footage that could possibly show footage of the other driver during the time of the crash.

At the law office of Darrell T. Farr, we understand and utilize the most strategic tactics to prove distracted driving, especially when it comes to the common occurrence of cell phone usage on the road. We take your injuries and other losses seriously, and our team is determined to get you the fair compensation you deserve. Call today to schedule your consult with a compassionate auto accident lawyer in Stockbridge.