Making a Case Against a Distracted Driver
The National Highway Traffic Safety Administration (NHTSA) estimates that over 3,100 people died due to distracted driving in 2019. Even with nationwide campaigns and laws aiming to reduce the number of people texting and driving, this remains a persistent problem.
However, proving that distracted driving was the cause of your collision may not be so easy. Because of the endless actions that could be classified as distractions, it may be more challenging to determine what was truly the primary cause of a crash.
When pursuing legal action against the at-fault driver, who you presume was distracted at the time of your accident, there may be several different ways that your attorney will go about obtaining evidence for your case.
Phone Records
In a case involving texting and driving, your attorney may petition to obtain the at-fault driver's phone records to determine if they were sending or receiving any communications right before the accident. Since California has a law prohibiting using electronic devices while driving, this would prove that the driver was not only negligent but in violation of the law.
Eyewitness Accounts
Collisions on interstate highways or in heavy traffic areas may limit your ability to know exactly how it was caused. That being said, eyewitness accounts may be able to aid in your case. If another driver, passenger, roadway worker, or another person on the road witnessed your crash, they might be able to provide key testimony if it goes to trial.
Physical Evidence
In the chance that the distraction wasn't an electronic device, other forms of physical evidence may be present. Common distractions include putting on makeup, eating or drinking, or even looking for something on the console or floor. A responding officer may be able to provide notes on this evidence in the police report or be contacted by your attorney to inquire about the state of the scene.
How Our Newport Beach Attorneys Can Help
With thousands of people dying at the hands of a distracted driver each year, you need an attorney on your side who will protect your right to a safe roadway. If you or a loved one was involved in a collision with a distracted driver, call (800) 783-5006 to get in touch with an attorney at Manning Law, APC.