Distracted driving is unfortunately prevalent today. In fact, the National Highway Traffic Safety Administration estimates that over 3,000 people were killed due to distracted drivers in 2016 alone. Another almost 400,000 people were injured. Nearly half of a million drivers will use their handheld cell phones while driving during the day.
If you can show that the driver was distracted at the time of the accident, that can help you prove fault in your car accident case. A Phoenix car accidents attorney will assist in gathering evidence to substantiate your claim. Some of the most important facts you can present to an insurance company or the court may include the following information or evidence.
- Statements from the Other Driver
Although you should never admit fault after an accident, some drivers are so flustered after a crash that they do not think before they speak. If someone tells you that they were on their phone at the time of the accident or that his or her eyes or focus was away from the road for any reason, you can use that statement against the other driver. You would be surprised how often a driver will simply admit that he or she was not paying attention at the time of the crash, even long before you start the litigation process.
- Police Officer Testimony (or Report)
If you see that the other driver was on the phone before the accident or you happen to notice that he or she was looking down, give that information to the officer. He or she may include that information their report. Although police reports are generally not admissible at trial, if the police officer recalls having a conversion with you or the other driver about distractions, that information can be beneficial to proving your case.
- Cell Phone Records
Cell phones are extremely distracting. If you can present evidence that the other driver was on the phone or received or responded to a text message just before the accident, that can go a long way toward establishing that the other driver was distracted. In some instances, you might be able to get data information on the device, which could indicate that the driver was on social media or reading email at the time of the crash as well.
Remember: a cell phone is not the only way that drivers can be distracted. Passengers, stereos, eating, or putting on makeup can all be distractions that lead to a collision.
- Circumstantial Evidence
Some driving behaviors will indicate that a driver was distracted before an accident. For example, if you are stopped at a traffic light, and the car behind you approaches far too fast to stop in time, that could be a sign that they did not see you. You could then argue that the only way that the driver would not have seen you as a parked car was that the other driver was distracted.
Signs of a failure to avoid the accident, such as a lack of skid marks, can also indicate that the driver was distracted. Showing that the driver was swerving or slowing down randomly just before the crash can also mean distraction.
If you have been in a crash with a distracted driver, you need an experienced Phoenix car accident attorney to help you present your case. Call us today to schedule your confidential case consultation with a Phoenix car accident attorney.