Distracted driving is one of the leading causes of motor vehicle accidents in California and throughout the U.S. One challenge facing personal injury lawyers who handle distracted driving claims is finding evidence that the at-fault driver was texting, accessing a playlist or otherwise distracted when he or she should have been paying attention to the road.
Every case is different but here are a few ways a methodical investigation can turn up key evidence in a distracted driving case.
Accessing cell phone records
A review of records from a cell phone carrier can show that a person was sending a text at a certain minute of a certain hour. If this time frame intersects with the time of an accident, it could be damning evidence that may be used in a personal injury claim.
Talking to people who witnessed the crash
If someone saw the driver typing out a text, talking on the phone, turning around to talk to people in the backseat or engaging in other dangerous behavior, their account of that information may prove pivotal in legal proceedings. This is one reason it is important to look for eyewitnesses in the wake of an accident and to get their contact information.
Analyzing the accident scene
Skid marks tell a story, as do damage to the vehicles, black box recordings and other accident scene evidence. If the at-fault driver stopped suddenly, leaving a telling pair of skid marks, it may point to distracted driving. This is especially relevant if an attentive driver, under the same circumstances, would have had plenty of time to stop.
Work with an attorney who knows how to find the facts
Evidence of distracted driving can make all the difference in a motor vehicle accident claim. If you have been injured, talk to an attorney with the experience and investigative resources to get the facts and to hold the at-fault party accountable.