Proving that an allegedly at-fault driver was under the influence, speeding, or breaking other laws is not always straightforward. Things can become more complicated when plaintiffs try to prove driver distraction. Fortunately, there are legal strategies that can help demonstrate how and why the other driver’s distraction contributed to the car accident.
What Is Considered Distracted Driving?
Distracted driving refers to any activity that diverts attention from operating a vehicle. Examples include texting or using a smartphone, adjusting in-car systems, eating or drinking, or interacting with passengers. The key element is that the driver’s focus is removed from the road, even for a brief moment.
Visual, manual, and cognitive distractions each affect the driver in different ways:
- Visual distractions involve looking away from the road
- Manual distractions include taking one’s hands off the steering wheel
- Cognitive distractions involve loss of mental focus, even if the driver’s eyes remain on the road
How Can Distracted Driving Be Proven After an Accident?
This requires a combination of evidence and legal analysis:
- Traffic camera footage, dashcam recordings, or surveillance video from nearby businesses may capture the driver’s actions in the moments leading up to the impact. These videos can be persuasive in showing how the other motorist behaved immediately before the collision.
- Cell phone records can also play a significant role. If the at-fault driver was sending or receiving messages, using apps, or participating in a call at the time of the accident, this data may support a claim of distracted driving. However, obtaining phone records typically requires a subpoena or court order.
- Witness statements may also contribute valuable details. Bystanders or passengers might recall seeing the driver holding a phone, looking down, or otherwise not paying attention. Their observations may help establish a timeline and describe the driver’s behavior.
- Law enforcement documentation is another useful form of evidence. Officers who respond to the scene may make notes in the accident report about suspected distractions, which can support the argument that distraction played a role.
- Physical evidence from the crash scene, such as the lack of skid marks, may suggest that the driver did not apply the brakes before impact. That can also imply inattention.
Why Is Proving Distraction Important in a Legal Claim?
Demonstrating that a driver was distracted can strengthen a legal claim by showing negligence. In civil cases, the burden of proof is lower than in criminal proceedings. It is not necessary to show intent, only that the other driver failed to act with reasonable care and that their lack of attention directly caused the collision.
Distraction is often a key element in determining fault. If the evidence supports the conclusion that the driver was not paying attention, it may influence liability decisions by the insurance company or the court. The more clearly the distraction can be shown to have affected the driver’s actions, the stronger the legal claim may become.
What Should I Do if I Suspect the Other Driver Was Distracted?
If you believe the other driver was distracted, take immediate steps to preserve any potential evidence. Make notes about what you observed, including the driver’s behavior before the crash. Speak with any witnesses who may have seen the incident and obtain their contact information.
Photographs of the vehicles, road conditions, and the surrounding area can also be useful. Document any visible distractions inside the other driver’s vehicle, if safely possible. Reporting your suspicions to the responding officer may prompt a more thorough investigation.
Our Belmar car accident lawyers may be able to help you build a strong case. A thorough evaluation of available evidence, along with proper legal procedures for obtaining records, may improve the likelihood of a favorable outcome.
Skilled Belmar Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Are Here to Help You
Proving that the other driver was distracted requires a careful review of the facts and the proper use of supporting evidence. The experienced Belmar car accident lawyers at Kitrick, McWeeney & Wells, LLC can assess your case and determine how to proceed. For a free consultation, call our Manasquan and Brick, New Jersey offices at 732-920-8383 or contact us online. We proudly serve clients across New Jersey.