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How can I prove distracted driving caused my accident?

On Behalf of | May 1, 2020 | Personal Injury |

Virginia commuters spend a lot of time on the road. They drive to and from work, pick up their kids from school, and make trips to the grocery store with easy navigation. You’re comfortable making your way around. You’re not expecting to get into an accident.

If another driver crashes into you during your commute, you’re wondering what could have caused the crash. Did they run a red light or fail to follow other traffic laws? Or, they were using their phone before the collision. Distracted driving causes many accidents each year, but it can be challenging to prove the other driver was inattentive at the time of your crash.

If you believe the at-fault driver was using their phone or otherwise distracted, here are a few tips to help you prove your case:

  • Talk to witnesses. If the other driver had passengers in their car, you must talk to them as well. They might be able to verify if the driver was on their phone or otherwise distracted at the time of the crash. Other drivers who may stop to help after the accident may have also noticed signs of the at-fault driver’s distraction. The more witness to corroborate your claims, the better.
  • Take photos or videos of the scene. Make sure you gather as much evidence of the crash as possible. A picture of a cell phone in the driver’s seat or of food that the driver may have been eating at the time of the crash could suggest distracted driving.
  • Review the police report. Police reports may include details about who may have been responsible for the accident. Reports can be admissible in court as well to further your case.
  • Check cell phone records. If you saw the other driver using their phone before the accident, you may be able to request their phone records to verify any calls or text messages at the time of your accident.
  • The other driver admits it. If the driver admits they were distracted, it can help prove your case as well. However, since it’s advised not to admit fault after an accident, the driver may not willingly own up to their mistake. Therefore, it’s best to have further evidence to support your claim.

All it takes is one second of distraction to cause an accident. If you notice a driver drifting or swerving in their lane, following too closely behind other cars, stopping longer than necessary at traffic stops, or visibly using their phones while driving, they might be engaging in distracted driving. Stay alert while on the road and do your best to avoid anyone who might display these warning signs.

And if you are in an accident with a distracted driver, you might be able to provide their fault with solid evidence and assistance from an experienced attorney.

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