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HomeBlogAuto AccidentsHow to Prove a Driver Was Distracted After an Accident
03 January, 2023

How to Prove a Driver Was Distracted After an Accident

Distracted driving remains one of the top causes of auto accidents in Illinois. These accidents cause thousands of fatalities every year, according to the National Highway Traffic Safety Administration. A few common distractions for drivers include eating, using makeup, texting, and other passengers in the vehicle. Contact The Horwitz Law Group immediately if you were hurt in an accident by someone you believe was distracted during the crash. We have what it takes to prove your case and help you pursue the compensation that you deserve. To learn how you can prove that the other driver was distracted, let our attorney review your case at a private consultation. 

Study the Scene of the Accident

Pictures of the accident and dashcam footage can serve as evidence that the other driver was distracted during the time that the crash occurred. For example, if the driver had been paying attention, there would likely be tire marks on the road. Photos that show a lack of skid marks could prove your claim that he or she was too distracted to even hit the brakes. Assessing the damage on each vehicle can also bolster your claims by establishing that the other driver didn’t use the brakes or swerve before impact. 

Access the Other Driver’s Cell Phone Records

Cell phones are one of the most common sources of distracted driving. These devices pose a particularly high risk since texting a message distracts the driver visually, manually, and cognitively. The driver cannot remain focused on the road when typing a message on a cell phone, which is why so many accidents can be attributed to this distraction. 

Sometimes, it is possible to show that the driver was using a cell phone within minutes of the car accident by seeking his or her phone records. A lawyer can obtain the usage reports from the cell phone company through a subpoena. You can then use these records to prove that the driver had been using the phone when the accident happened.  

Receive Statements from Witnesses

Some accidents have witnesses who saw the other driver behaving recklessly prior to the collision. You can increase the odds of a successful outcome by collecting official eyewitness statements to prove your claim. If a witness says they saw the other driver eating or on their phone when the accident happened, this information can act as proof that the driver was distracted and, therefore, at fault for the incident. 

Use Police Reports

Anytime you are involved in an accident that results in injuries or property damage, call the police immediately. Law enforcement is trained to examine the scene and deduce who is at fault. Even if the police officer’s opinion alone isn’t considered solid evidence of distracted driving, their report can help the judge determine that the other driver was at fault. The police report will contain important details, such as the driver’s speed, whether he or she hit the brakes and if they were behaving recklessly. 

Contact an Attorney

Proving that the other driver was distracted can be challenging. The Horwitz Law Group delivers exceptional legal assistance to those who were hurt due to someone else’s negligent driving. Contact us today to discuss your distracted driving accident case and learn what we can do for you. 

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