In a previous issue, we talked about the growing dangers of distracted driving. In it, we shared the news that over 3,000 people lost their lives last year from injuries sustained in crashes involving distracted drivers.
If you’re injured by a distracted driver, it can be difficult proving their attention was not on the road. In this issue, however, we’ll share a few ways for successfully proving a driver was distracted.
What is distracted driving?
Today’s vehicles are equipped with more options to entertain drivers and passengers. Unfortunately, these options also provide opportunities for drivers to focus on just about anything but the road upon which they’re driving, including:
- talking or texting on their cell phone;
- adjusting their stereo or navigation system;
- eating and drinking while driving;
- using or reaching for devices that have been brought into the vehicle; and
- talking and interacting with other passengers.
How can I prove the driver who injured me was distracted?
When you’re injured by someone else’s negligence, you’re entitled to be compensated properly to cover losses like medical bills, lost wages, loss of earning potential, etc. In order to collect, however, you must prove that the driver responsible for your injuries was negligent.
In the case of a distracted driver, successful ways of proving the negligence includes:
- examining the driver’s cell phone records to show that it was in use at the time of the incident;
- statements made by the at-fault driver on the scene (while it’s rare that someone will admit to being at fault, in the heat of the moment the at-fault driver may say something along the lines of, “I’m sorry I ran into you; I was sending a text.”)
- video evidence of a nearby business that utilizes cameras as part of their security; and
- witness testimony of passengers in either your vehicle or that of the at-fault driver.
If a distracted driver has injured you, speak with an Alaska personal injury lawyer at Barber and Associates, LLC.
With the increasing number of distractions, there’s no disputing the fact that an accident – especially one involving a distracted driver – can happen at a moment’s notice.