How to Prove Distracted Driving in an Auto Accident Case

Distracted driving is one of the most common issues in the United States—and Georgia drivers are not immune to its dangers. While most people think about cell phones and other obvious distractions when this term comes up, anything that takes a driver’s eyes off the road, mind off of driving, or hands off the wheel can be considered a distraction.

If you’ve been injured in a car crash caused by a distracted driver, make sure you have the legal support you need. Call The Monk Law Firm at 404-255-5556 now.

Gathering Evidence at the Scene

Of course, you’ll want to gather all the usual evidence you collect after a crash—photos, eyewitness information, and a police report—but you should also look into evidence that specifically relates to distracted driving. For example, eyewitnesses who observed the other driver checking their phone while behind the wheel can be a great starting point. Additionally, if you have dashcam footage showing any signs of distracted driving—drifting, erratic speeding up and slowing down, and a failure to go when the light turns green—that may support your claim.

Using Phone Records

Phone records are a valuable resource when proving distracted driving. These records can show if the driver was texting or on a call at the time of the crash. To get these records, you’ll need to go through legal channels, often needing a subpoena. It’s important to follow the correct steps, as improperly obtained records might not be usable in court. When done right, phone records can provide strong evidence for your case.

Traffic Camera Footage

Traffic camera footage can be incredibly valuable when trying to prove distracted driving. Many intersections have cameras that often capture crashes. To get this footage, you will need to request it from local authorities or agencies that manage traffic systems. This can involve filling out forms and following specific procedures, so it’s important to act quickly, as some footage may be erased after a certain period.

The footage can reveal what the driver was doing just before the crash. For example, it can show if the driver was looking down at a phone or not paying attention to the road. This type of evidence can be very convincing in showing that distraction played a role in the accident.

Police Reports

Police reports play a vital role in accident cases. These documents usually contain detailed information about the accident, including the officer’s observations and any citations issued. If the officer noticed any signs of distracted driving, such as a phone in use or the driver admitting to distraction, it would likely be included in the report. The police report also often includes witness statements, which can provide additional support for your case. Obtaining a copy of the police report as soon as possible is crucial, as it offers an official record that can back up your claims. Carefully review the report for any mention of distraction and use it to strengthen your case.

Expert Witnesses

Expert witnesses can be crucial in proving that distracted driving played a role in your accident. These professionals, such as accident reconstruction experts, can provide detailed analyses of the crash. They look at factors like vehicle damage, skid marks, and road conditions to understand what happened. By reconstructing the events leading up to the accident, they can offer insights into whether the driver was likely distracted.

For instance, an expert might examine the angle of the collision or the lack of braking before impact to suggest that the driver wasn’t paying full attention. This analysis can be very persuasive in showing that distraction was a factor. Additionally, expert witnesses often have credentials and experience that lend credibility to their testimonies, making their input highly valuable in court.

Choose The Monk Law Firm for Your Car Accident Case

If you’ve suffered injuries in a Georgia car accident, you deserve the chance to fight for fair compensation. Our team is here to learn more about your accident, help you explore your legal options, and guide you through the personal injury claim process. Call us at 404-255-5556 or send us a message online to learn more about your options.