5 Top Pieces of Evidence Used in Distracted Driving Injury Claims *

AD | It’s common knowledge that a driver concentrating on the road has less chance of causing accidents. But why are they still happening on the road? In fact, the 3,275 deaths that occurred in 2023 were caused by distracted driving, according to the National Highway Traffic Safety Administration.

Distracted driver accident lawyer Frank C. Bartlett Jr. says that all drivers are responsible for operating their vehicles attentively. If you are injured by a distracted driver, you are entitled to file a claim to recover damages.

What Are The Main Pieces of Evidence Used In Distracted Driving Claims?

Evidence in injury claims caused by distracted driving is what lawyers use to make decisions. Witness accounts, phone records, and car cam footage, among others, are important pieces of evidence that help determine who is responsible.

That said, interpreting the evidence is wholly contingent on the perspective you decide to adopt. And on how well you document it, which can make the difference between winning or losing a case. Let’s look at how evidence can be used to achieve a successful driving injury claim.

Eyewitness Testimonies

When handling a distracted driving claim, having an eyewitness account is very important. This can clarify how the accident really happened, and can serve to back up your claim by painting a clearer picture or record of the incident.

Witness statements help validate a claim, by confirming the existence of distracted driving. Obtaining these testimonies can help you achieve a fair resolution for your case.

Cell Phone Records

An individual’s cell phone records serve as important evidence to confirm or contradict legal arguments. If you were distracted while driving and crashed through, your phone’s record will show this – for example, if you were on a call, or texting, or browsing at the time of the accident.

Phone records will show valuable data from the call logs, text messages, and app usage that would paint a clear representation of the events leading to the occurrence.

Presenting these exponentially strengthens the legal argument in favor of establishing liability. Law enforcement officers or your legal advocate will likely ask for these records.

Given that distracted driving allegations fall under the greater umbrella of personal injury claims, it’s a good idea to find out what a personal injury suit typically entails, just in case. You can discover more about personal injury law at Ryan R. Smith Law Offices.

Dashcam Footage

Many drivers are not aware that footage from a dashcam can be very strong evidence in the case of distracted driving claims. Having a dashcam in your vehicle will not only document your journey but, in case of an accident, will provide key evidence too.

When it comes to dash cams, the whole accident chain can be completely reconstructed. The dashcam footage helps clarify who is at fault.

Dashcams make drivers more alert on the road and can also serve as a defense against false accusations. It’s an excellent way to for a witness to offer help in a car crash situation. Buying a dashcam might turn out to be the most critical factor in a case regarding distracted driving.

Accident Reconstruction Reports

Dashcam footage is a valuable source of information, but in some cases, an even more extensive analysis is required to get a complete picture of what happened. This is when accident reconstruction reports become useful.

Accident reconstruction experts are trained to investigate the event and develop reports that take into account such things as speeds of the vehicles, angles of impact, and road conditions. They use objective methodologies and simulations to make it clear what actually happened, and to remove any doubts or uncertainties.

Having a report for reconstruction would greatly strengthen and support a distracted driving claim. Particularly if it found in your favor and helped you win your case.

Police Reports and Traffic Citations

Police records together with traffic tickets are of utmost importance in a distracted driving case. These records present an accurate picture of the circumstances in which the accident occurred, detailing the individuals involved and the violations that took place.

A citation from the police sets your case strongly. This paperwork would show that law enforcement personnel declared distracted driving had been one of the causes of the collision.

One or more witnesses may have given statements to the police and these could further support your argument, and help you get justice and closure after the incident.

Have you ever been involved in a distracted driving injury? Did you realise the amount of evidence involved in making a successful claim?

* This is a collaborative post – please see my Disclaimer.