How Do I Prove That a Driver Was Distracted After a Car Accident?
Sustaining an injury or incurring property damage as a result of the actions of a distracted driver can lead to significant financial setbacks. However, in order to recover compensation, you will have to prove that the other driver was indeed distracted. Doing so can be challenging, but there are various types of evidence that you or a distracted driving accident attorney may gather to help determine liability in these situations.
In the aftermath of many vehicle accidents that occur in and around Sacramento, there will be eyewitnesses. This can include drivers and passengers in other vehicles involved in the accident or that were driving by when the incident occurred. This can also include those who were near the accident scene, such as pedestrian bystanders and bicyclists.
If you have been involved in an accident and you suspect the other driver was distracted, you should gather the names and contact information of any eyewitnesses that you see at the scene. Their testimony could be valuable for insurance carriers or during a personal injury trial if one becomes necessary. If you do not get the names and contact information of these eyewitnesses right away, it will be very unlikely that you will find these individuals after the incident scene has been cleared.
The Police Report
The police have to come to the scene of just about every accident that occurs in the state of California. In order for the insurance carriers to process your accident claim, they typically require that there be some sort of police or accident report. In most cases, the police officer will indicate who they think caused the crash. If the police officer suspected or knew that the other driver was distracted and they indicated this in their report, this will be solid evidence used by insurance carriers to determine fault.
Mobile Device Data
In cases of crashes where there are severe injuries or a fatality, it is not uncommon for investigators and attorneys involved to file a subpoena to get mobile device records of the drivers. These records could indicate whether or not an individual was talking on their phone at the time the crash occurred. Mobile data could also show whether or not there were text messages being sent back and forth around the time the incident happened. In some cases, mobile records may show whether or not an individual was using various types of apps, streaming services, or social media when the crash occurred.
Video surveillance is an excellent source of evidence if it is available. There may be various types of video surveillance available in the aftermath of an accident, but it may not always be easy to find or obtain. Some of the most common sources of video surveillance come from cameras located on nearby homes or businesses. This can include security cameras or doorbell cameras. However, obtaining this footage often means asking the business or property owner directly, and they do not have to hand over this footage. In some cases, drivers have dash cams installed inside of their cars. Any type of video surveillance taken right before, during, or after an accident could be used as evidence to show that distracted driving was involved.