How can you prove distracted driving?

Distracted driving causes more than 900,000 motor vehicle accidents every year. However, distracted driving can be difficult to prove.

How can you prove that a driver who caused your injuries in a motor vehicle accident was driving while distracted?

Virginia law

Rubbernecking, adjusting the radio, talking to passengers, texting and talking on a cell phone are some of the top driving distractions that lead to accidents in Virginia. Virginia law makes it illegal for drivers to hold cell phones or other communication devices while they are driving unless it is an emergency or the driver is sitting in a lawfully parked or stopped vehicle. Texting while driving is also illegal in Virginia.

Proving distracted driving

If you believe that the driver who caused your accident was driving while distracted, tell your attorney. There are several strategies you can use to prove distracted driving:

• Tell the police officer so that the officer will include the information on the police report
• Request access to the negligent party’s cell phone records
• Solicit witness testimony
• Provide photo or video evidence from witnesses, dash cameras or surveillance cameras
• Obtain the at-fault driver’s confession

A personal injury attorney or your insurance company may be able to assist you with gathering the evidence you need to prove the other party’s distracted driving caused your accident.

Distracted driving is one of the most common causes of automobile accidents. Proving that the other driver was driving while distracted can be challenging; however, there are ways that you, your attorney or your insurance company can obtain evidence of the distraction and use that evidence to prove your case.