Injured by a Distracted Driver? Here’s How To Prove Negligence
Did you know that distracted driving led to almost 325,000 people getting injured in 2023? This issue is among the leading causes of car accidents nationwide. Victims often experience long-term trauma, injuries, and stress they may never recover from. If you’ve recently experienced an accident due to a distracted driver, you have the right to file a claim and get compensated for any damages.
What Counts as Distracted Driving?
Distracted driving isn’t only about talking on the phone. There are many instances where this could apply, such as:
- Texting on your phone
- GPS or navigation use
- Eating or drinking
- Adjusting music or vehicle controls
- Talking to passengers or other in-car distractions
- Wearing headphones
Regardless of which scenario it is, these seemingly minor instances of negligence could turn into a fatal accident if you’re not careful.
Common Injuries Caused by Distracted Driving Accidents
Every accident is different, but some of the most common injuries you might see during a distracted driving accident include:
- Whiplash and soft tissue injuries
- Broken bones and fractures
- Head and traumatic brain injuries (TBI)
- Back and spinal injuries
- Internal injuries
These injuries can range from minor issues to lifelong conditions that need ongoing medical treatment, rehabilitation, and time away from work. Even seemingly insignificant damages can worsen over time. Always seek medical care ASAP and document your condition after an accident to preserve critical evidence for your claim.
How To Prove The Other Driver Was Distracted
The most successful cases have clear evidence that the other driver’s negligence directly caused the accident. Here are a few things you can do to prove they were distracted while driving:
Police Reports & Traffic Citations
Police reports are one of the strongest pieces of evidence you can have during distracted driving cases. An officer will always take a police report and record what happened at the scene, including any signs a driver was distracted. If the other driver admits to using their phone, an officer could also include this information in their documentation.
Witness Statements
Witnesses, such as passengers, pedestrians, or other drivers, could provide an accurate third-party perspective of the incident. They may have seen the defendant use their phone or do something else before the collision. That said, always try to get a statement from them as soon as you can while the accident’s details are still fresh in their memory.
Cell Phones & Digital Records
If someone was using their cell phone before a crash, chances are the police can track call logs, texts, or data records that prove this. Digital evidence could also include any GPS activity or in-car tech. No matter what type of tool was used, records could be enough to prove negligence and prove the driver wasn’t focused on the road.
Video Footage
Clear video footage could be one of the most defining pieces of evidence you could have to prove the driver wasn’t paying attention. From dash cam recordings to traffic cameras, any of these could capture the moments leading up to the collision. This includes erratic behavior, cell phone usage, car position, and more.
Speak To Our Attorneys Today
Getting injured in a distracted driving accident is a serious matter that could lead to long-term trauma. Thankfully, you have the opportunity to hold the negligent driver accountable for their actions and get the compensation you deserve. Our Long Island motor vehicle accident lawyers have decades of experience helping victims seek justice for their injuries. Please contact us at (866) 574-0825 to schedule a free consultation today.