You may not even realize it, but distracted driving is happening all around you and it is becoming increasingly dangerous on the roads. Distracted driving is one of the most significant causes of auto accidents across the United States. Car accidents can cause serious injury and even death. If you were in an accident and need to prove the negligence of a distracted driver, contact our Rockland County car accident lawyers for assistance.
What is Distracted Driving?
Distracted driving can take shape in various ways. The term encompasses any action being performed by a driver that is directing their attention away from the road and the cars around them. Distractions can be visual as in looking away from the road, cognitive as in your mind wandering away from the task at hand, and manual as in physically removing your hands from the steering wheel.
Some examples of ways drivers are being distracted include the use of cell phones, eating, drinking, fiddling with the GPS or radio, applying makeup, and more. These seem like simple tasks that can be done with ease while driving, but getting distracted for even a few seconds at the wrong time on the wrong road can result in life-altering consequences.
How Do I Prove Distracted Driving?
Several courses of action can be taken to prove distracted driving.
- Talk to eyewitnesses
- If there were witnesses to the accident they might be able to make a statement confirming that they observed the driver partaking in distracting actions.
- Collect police reports and statements
- Referencing observations and statements made immediately following the accident can offer insight. The driver may have unknowingly admitted to distracted driving or police may have found and noted relevant information.
- Investigate cell phone records
- It may be possible to request and obtain cell phone records from the driver. They may be able to show if the driver was taking a phone call, texting, or on social media at the time of the accident.
- Look into the physical evidence
- Food, makeup, phones, or other evidence in the car or on the road can contribute to your case.
- Seek video from surveillance cameras
- With the prevalence of security cameras, there is a chance that the accident was captured on camera and could possibly show the actions of the driver.
It can sometimes be difficult to prove that a driver was distracted, but it is not impossible. There are many ways to prove the distractedness of a driver in car accident cases. Every situation is unique so reach out to an attorney to find out the strength of your case and the best way to prove distracted driving.
