Distracted Driving: Can You Prove It?

Distracted driving is one of the most significant causes of car accidents. It is something that people do not think about until it affects them or someone they love.  So, let's say it does happen to you.  You get into a car accident, and it was at fault of a distracted driver.  What are your legal options?  How would you be able to prove that they were distracted?

Distractions are all around us.  Sometimes people even deem it impossible to focus on one thing at a time.  Driving should not be one of those times.  According to research, answering one text message while driving takes your eyes off the road for about 4.6 seconds.  That is equivalent to driving the length of an entire football field blindfolded (lcmchealth.org).  Even though it may seem as if you NEED to answer that message or take that call, it creates an abundance of dangerous possibilities that could happen.  The distraction could be fatal.  As stated by the NHTSA, in 2018 alone, 2,841 people were killed by distracted driving, with thousands more injured or about eight people per day that are killed.

Unfortunately, our great Commonwealth of Kentucky is ranked 4th on the list for the highest number of distracted drivers and fatality rates (Quote Wizard). I say this, so people can be aware of how real the possibility of getting into a car crash is.  If a distracted driver injures a person, they can receive financial compensation.  But, just because you may believe it was due to distracted driving, there may not be proof.  So, here are some tips about how you may be able to obtain evidence of distracted driving.

As you can probably assume, most people will not come out of a crash that they have caused openly admitting that they were distracted while it happened.  Therefore, this makes gaining proof that much more challenging.  The first thing to do is to observe the scene of the crash.  If you believe you saw the driver possibly on their phone or grabbing their purse, look for signs.  Is there a phone on their seat?  Is it on or perhaps even on their person?  Look for any possible signs that their eyes may have been elsewhere.

In addition to looking around, obtaining cell phone records are a tell-all sign.  Suppose you firmly believe you saw them on their phone at the time of the crash. In that case, it is possible to get a subpoena of the person's cell phone records, or ahold of the phone itself and see what time a call was made or a text message was sent.  You can also look into their social media apps and if they were on it or even if they happened to post something at the time of the accident.  

It is also essential to ask the people around you.  Any eye witness testimony to the distracted driver could help prove the case of distracted driving.  Another option, depending on location, is to check any security camera footage at the scene of the accident.  This could give you visual evidence and timestamp as well.

The act of distracted driving is deadly.  It is not something that should be taken lightly or a topic that should be avoided.  Drivers need to know how to handle the situation if this were to happen to them.

If you, a friend, or a loved one were injured due to a distracted driver, call us at 502-290-2397, you will receive a 100% free consultation with an attorney to review your case.