How Can Someone Prove Liability with Hands-Free Distracted Driving?
A car accident is never part of the plan when you are operating a vehicle, but they can happen to even the safest drivers. Distracted drivers are a hazard to others on the road and are more likely to be involved in a collision.
Distracted driving is any task or behavior that takes someone’s attention, hands or eyes away from the road. It can describe a wide range of activities, with texting or talking on the phone being one of the most common examples of distracted driving.
After a collision caused by someone else’s distracted driving, you might be left wondering how you can protect yourself and prove liability, particularly when facing insurance companies that are prone to deny liability. Car accidents and the medical bills that often accompany them can be costly and you shouldn’t have to bear the burden of someone else’s mistake. A personal injury lawyer can help you recover some of your damages and prove liability after a car accident.
Signs of Distracted Driving
There are a few indicators you can use to identify a distracted driver. A distracted driver might have difficulty keeping their lane position. Other signs of a distracted driver include:
- Poor speed regulation (driving much slower or faster than traffic)
- Tailgating other vehicles
- Ignoring traffic lights or signs
- Swerving or suddenly crossing traffic lanes
- Sudden braking when given proper warning of an incoming stop
- Failure to notice a change in light from red to green
Eating while driving, adjusting the radio or other console controls, applying makeup or grooming, reaching for an object in the cab of the car or in a bag and zoning out are all considered forms of distracted driving.
Steps to Prove Liability
If you were involved in a car accident where the other driver was distracted, there are a few forms of evidence you should gather to prove their liability in the collision. Evidence you can use include:
- Police report: Following a car accident, you should contact the police. Police officers will write a report about the collision after gathering evidence. If they discover evidence of distracted driving, they will often include this in their report, which can be invaluable evidence for you.
- Cell phone records: Texting or talking on the phone are a common example of distracted driving. After a collision, you may be able to gather information from other driver’s cell phone companies that can prove that they were using their cell phone around the time of the collision. To access cell phone records, you will need the help of an attorney.
- Social media: People often vent and post on their social media accounts. After an accident, you should avoid posting anything about what occurred to avoid implicating yourself. Statements made on social media can be taken out of context. Insurance companies can request information from social media platforms that can indicate that someone was online or streaming social media while driving.
- Witness statements: Sometimes while you’re driving, you notice that another driver has a phone in hand or is behaving recklessly. It is not uncommon to see a car swerving or driving poorly and look to see what is causing the behavior. Witness statements gathered after an accident might provide insight into what caused an accident and if one of the drivers was distracted.
- Accident reconstruction experts: Accident reconstruction experts can use data to provide an accurate recreation of a collision. They might notice clues that a driver was distracted and not paying adequate attention to the road while they were driving.
- Event data recorders: Cars have become “smarter”, and some vehicles are equipped with data recorders that can indicate whether a vehicle was braking or if proper measures were taken to avoid a collision. This information can provide you with evidence that a driver was not paying attention to the road at the time of the collision.
Were You in an Automobile Accident in Georgia?
A collision can cost you more than just repairs to your vehicle. If you were involved in a collision due to another driver being distracted while driving, you should consider contacting a personal injury lawyer. A personal injury lawyer can ensure that you receive proper compensation following a collision.
We’ve identified highly experienced Atlanta car crash lawyers with prove track records in car crash injury law. We encourage you to visit our law firm page and contact one of these experienced attorneys.
