Providing outstanding legal services for over 40 years



Ways to Prove Distracted Driving After a Car Accident

There are many types of distracted driving that take place on our roads. For instance, manual distractions occur when a driver takes their hands off the wheel, visual distractions involve a driver who takes their eyes off the road, and cognitive distractions involve drivers who take their minds off the act of driving. No matter what type of distracted driving leads to an accident, you may be eligible to file a claim against a responsible party who caused your accident. However, first, you will have to prove that distracted driving actually took place.

Distracted driving is not always easy to prove. You might claim that you saw a driver on their cell phone before they blew through a stop sign, but what happens if they say that they were never texting and driving? How is your word taken into consideration and how do you move forward after an accident?

Proving That Distracted Driving Led to an Accident 

You believe that you saw a driver engaging in distracted driving before they struck your vehicle. How are some ways that you can prove this so that you can hold a driver liable for your damages?

Police Report: Police officers who are called to the scene of the accident will sometimes detail the circumstances that they believe led up to the accident. If you saw the other driver chatting on their phone or applying makeup right before they struck you, you should always tell the officer about this. Sometimes officers see these acts for themselves and will testify on your behalf in court.

Admission: Though it rarely occurs, a driver may intentionally or accidentally apologize for engaging in distracted driving acts, which is an admission of fault. For instance, a driver might say, “I’m so sorry, I was responding to a phone call when I hit you” without even knowing that it could be detrimental to their claim. If you heard them say this, it is important to tell an officer or insurer this news.

Witnesses: Bystanders or passengers may have witnessed the accident and seen more than you if you were paying close attention to the road when the accident happened. A police officer will record witness statements and you might be able to use their testimony when you go before a judge.

Cell Phone Records: Texting and driving and talking on the phone are some of the most common distracted driving acts. If these are the acts that a person engaged in at the time of your accident, text message records can be used in court to show that a driver was on their phone at the time of the collision. Texting and driving are illegal and having this proof can help in the midst of your claim. 

Videos and Photos: Police dash cams and cell phone videos taken by passengers have helped many people during their claims. These videos can serve as some of the best evidence and can be introduced in court if your claim makes it there.

How an Attorney Can Help After Your Car Accident 

There are many reasons why a driver should never engage in distracted driving acts but, every year, these accidents continue to occur on our roads. Because of this, you should always speak with a Florida car accident attorney about your rights and options moving forward. At Sheftall & Associates, our skilled attorneys continue to assist victims through one of the most difficult times in their lives as they work toward compensation for their damages. We will help you hold a party liable in your time of need. Please contact our Florida law firm at 904-647-2296 for the help you deserve.