You know the other driver had his eyes off the road before he crashed into you. It may have been very clear from your angle that the at-fault driver was texting when the accident happened. The trouble is proving it. Frequently, drivers who have just caused a car crash will deny that they were distracted, hoping to avoid a ticket or an assignment of fault in the police report. Distracted driving is both illegal and dangerous, so few will admit to it, especially when the police are there.
Fortunately, there are numerous ways a qualified attorney can go about helping you prove that distracted driving caused your crash. If you have been injured by a careless driver, the sooner you get in contact with a qualified injury lawyer, the better. Especially where distracted driving is a concern, evidence at the accident scene may be time sensitive in that it will deteriorate if not obtained quickly.
How Can I Prove the At-Fault Driver Was Distracted?
You say you saw the other driver rooting through her purse when the crash happened. The other driver lies and says she was not, or maybe even tries to flip the script and claim that you were the one not paying attention. Without further evidence, it may be impossible to establish that the other driver was acting carelessly. We can help you prove the other driver’s distraction caused the crash by uncovering critical evidence such as:
- Cameras – Traffic cameras may be very useful, especially if the other driver’s distraction caused her to run a red light or speed. If the accident happened in front of a business, security cameras may also tell the story of what happened. If the video footage shows the at-fault driver with hands on his phone and his knees on the wheel, there is little room for him to dispute that he was negligent.
- Witnesses – Bystanders who happened to witness the crash may be able to corroborate your claim that the at-fault driver was not watching the road. Accident victims may not always be able to stop and speak to potential witnesses right away, especially if they are badly injured, but an attorney may be able to help. Neutral witnesses who were not involved make very credible witnesses, as they have nothing to gain or lose from telling the truth.
- Accident scene evidence – Physical evidence on the road or inside the other driver’s car may offer a glimpse into what the driver was doing at the time of the crash. A purse spilled around the pedals suggests the driver may have been distracted looking for something inside it. A half-eaten bowl of cereal on the dash suggests that the driver was too busy eating to watch the road. A tire mark on the road may prove that the driver was distracted and made an emergency steering input to alter his course of direction.
It is important that you contact a qualified personal injury attorney soon after the accident. The sooner an investigation can begin, the more likely it is that meaningful evidence can be uncovered and preserved.
Talk to a Collin County Car Accident Attorney
If you were hurt by a distracted driver, Burress Injury Law can help you recover the compensation you deserve. Our experienced Allen car accident lawyers will conduct a thorough investigation to help build you the strongest case possible. Call us at 214-726-0016 to schedule a free consultation.