How Can You Prove Distracted Driving Caused Your Accident?

By Ryan Y. Cunningham | November 5, 2019

Distracted driving is a leading cause of death and injury on America’s highways. Teens, adults, and seniors who text while driving, talk on their smartphones, focus on their GPS system, eat, drink, or do anything that distracts their attention are a constant danger to their passengers and other vehicles on the road. They’re also a danger to pedestrians and bicycle riders. Drivers who are distracted don’t have their eyes on traffic, don’t have their hands on the wheel, and aren’t mentally thinking about how to handle emergencies.

The dangers of distracted driving are fairly well known. The question is, how do you prove the other driver was distracted behind the wheel? There isn’t a test, such as blood alcohol test that you can give drivers to confirm they were driving while distracted.

As with most cases, distracted driving is shown through physical facts and through extensive questioning of witnesses. Some of the ways experienced Oklahoma City car accident lawyers work to prove your injuries were due to a distracted driver are the following:

  • Reviewing the police report and speaking with the police. Law enforcement should do more than get everyone’s contact and driver information. They also make the initial review of how the accident occurred, who’s responsible, and why.
  • Conducting an examination of the vehicle. Food containers and wrappers can indicate whether a driver was eating, drinking a beverage, or smoking. In this day and age, technicians may be able to determine if a video was being watched or electronic equipment was being used.
  • Demanding to see any smartphones, laptops, or other mobile technology. A review of these devices and their logs can explain if the driver was talking, texting, or using any technical equipment.
  • Talking to any passengers. The passengers in the vehicle are sworn, at depositions and before a jury, to tell the truth. Passengers usually know if a driver if the driver was distracted and why he/she was distracted.
  • Questioning the driver. We have the right to question the driver in second-by-second detail about what he/she was doing immediately prior to the accident.

Additional ways to confirm driver distraction

In addition, the way the accident occurred is often an indicator a driver was distracted. Rear-end collisions often happen because a driver wasn’t paying attention. Drivers who veer into other lanes may have “drifted off,” or been distracted by something in their vehicles or out of the windows.

In some cases, experienced car accident lawyers consult with traffic reconstruction experts to confirm that driver distraction is the only logical explanation for how a car crash happened. There may also be surveillance videos, or a witness may have taken videos or pictures that can confirm distracted driving.

Experience matters. At Cunningham & Mears, our Oklahoma City car accident attorneys have been fighting for 23 years for injury victims and the families of deceased victims to determine who was at fault and why. We have achieved a strong track record of success and the respect of our peers because we understand how it critical it is to conduct the step-by-step detail work. For help with any car accident claim, including ones caused by distracted drivers, call 405.212.9234 or complete our contact form to make an appointment.

 

 

Posted in Auto Accidents