Proving Fault in Accidents Caused by Distracted Driving

According to the Centers for Disease Control and Prevention, about nine people die each day from crashes involving distracted drivers. Sometimes the casualties are not in vehicles but are walking or riding a bike. Although distracted driving accident victims can seek compensation, proving fault is not easy.

This blog discusses the various ways of proving fault in accidents caused by distracted driving. We will also share the different ways distracted driving leads to an accident. If you need more information or help filing a claim, our car accident lawyers at Terry Bryant Accident & Injury Law can help you.

We will examine your case facts, strengths, and weaknesses and advise you on your best options. Our initial consultations are free. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.

Why Hire Our Car Accident Lawyers to Help With Your Distracted Driving Accident Claim?

At Terry Bryant Accident & Injury Law, our car accident lawyers have extensive experience with distracted driving accident claims. We understand the complexities of these cases, from proving negligence to identifying the use of mobile devices or other distractions as the cause of the accident. We know Texas traffic laws and will cover all legal angles to hold the at-fault party liable.

We will also work with expert investigators and accident reconstruction specialists who can examine the events leading to the accident to determine whether distracted driving contributed to it. We have recovered combined settlements and verdicts of over a billion dollars and continue to obtain maximum compensation for our clients. You can trust us to ensure all your damages are accounted for and work to secure fair compensation.

Our lawyers are skilled at negotiating with insurance companies and will ensure that you do not accept a settlement less than the value of your claim. 

How Does Distracted Driving Cause Accidents

Distracted driving causes accidents because it reduces a driver’s ability to focus on the road, react to hazards, and make safe driving decisions. According to the Centers for Disease Control and Prevention, distractions can impair a driver’s visual, manual, and cognitive abilities, leading to dangerous situations.

Visual distractions take your eyes off the road; manual distraction involves doing anything with your hands other than driving; and cognitive distraction affects your mental concentration. So, how do all three cause distracted driving accidents?

The following are ways distracted driving causes an accident:

• Delayed Reaction Time: Distracted drivers may react more slowly to sudden changes, such as a car braking ahead, an animal crossing the road, or a traffic light turning red.
• Lane Departure: A distracted driver may unintentionally drift into another lane or veer off the road, causing a collision with other vehicles, roadside barriers, or pedestrians.
• Diverted Attention: When a distracted driver texts or looks away from the road, it can lead to failure to notice that traffic has stopped or slowed, resulting in rear-end crashes. Drivers can also miss stop signs, yield signs, or traffic signals, leading to T-bone collisions or accidents with oncoming traffic.
• Erratic Driving Behavior: A distracted driver who texts, eats, or fiddles with the radio can swerve, drift into other lanes, or make sudden, unexpected moves that confuse other drivers.
• Cognitive Load: The human brain can only handle so much, and when a driver is distracted, their mental abilities are divided, making it harder to make quick and sound decisions.

Ultimately, distracted driving makes it harder to stay in control, leading to dangerous situations that can lead to an accident. Drivers must prioritize safety when on the road and avoid all distractions.

How to Prove Fault in an Injury Claim Caused by Distracted Driving

Proving distracted driving is no easy feat as you were not in the vehicle with the at-fault driver. Therefore, you need evidence to show the at-fault driver’s distraction. Below are the different pieces of evidence that can prove fault in a distracted driving accident case:

Crash Report

The crash report contains details of the accident and any observations made by the responding officer. If the officer notes any signs of distracted driving, they will include them in the report. Thus, the crash report is crucial evidence in a distracted driving accident claim.

Witness Statements

An eyewitness might have seen the at-fault driver make a call or look to their side moments before the accident. They might also have seen if the driver veered into another lane or suddenly stopped, all of which point to a distraction. The police report will likely contain witness statements.

Sometimes witnesses leave the accident scene before the police arrive. This is why it is crucial to get their contact information and statement as soon as you are able. Since eyewitnesses can testify about the driver’s behavior, their testimony is valuable.

Cell Phone Records

If you suspect distracted driving caused the accident, you can ask your lawyer to subpoena the other driver’s phone records. The records will show whether the driver used their phone during the accident. It will also show text messages, call logs, and any other record that can be strong evidence of distracted driving.

Videos or Photos

Visual evidence is invaluable in proving distracted driving. Look for any video or photos from the accident scene if you don’t have any. You can get videos and images from dashcam footage, surveillance cameras, traffic cameras, or witnesses’ phones. Sometimes, you need a court order to obtain a video and photo; our attorneys can help with the process.

Our car accident lawyer can help you gather the evidence to prove the other driver was distracted and acted negligently.

Admissions of Fault

Sometimes, due to heightened emotions, the other driver might make statements that indicate fault after the accident. For example, they might say, “I’m sorry, I only looked away for a moment,” or “I was answering a call and got news that upset me.” These statements can be used as evidence of fault, but if there is no corroborative evidence, it might be inadmissible in court because of hearsay rules.

Physical Evidence and Expert Testimony

Physical evidence, such as a cell phone found at the crash site, is valuable in an injury claim involving distracted driving. An expert witness, such as an accident reconstruction specialist, can also testify how distracted driving likely caused the accident.

Social Media Activity

Young drivers are known to be on social media while driving, but older adults might do this, too. You can check the at-fault driver’s social media accounts to see if they were online during the accident. If they were, it is vital evidence they were distracted when they caused the crash.

Proving fault also involves establishing the four elements of negligence and supporting them with the above evidence. These elements are:

• Duty of Care: The duty of care means that every driver has a legal obligation to operate their vehicle responsibly and follow traffic laws to ensure the safety of others on the road. In a distracted accident case, this means not using their cell phone or engaging in other distracting activities while driving.
• Breach of the Duty of Care: This involves showing that the other driver failed to fulfill their duty by engaging in distracted behavior, by looking at a map or tuning to a radio station while driving, for example.
• Causation: This involves demonstrating that distracted driving directly caused the accident and your injuries. Timestamps from phone records, social media posts, and surveillance footage are used to prove causation.
• Damages: After establishing fault with the above elements, you must show the accident resulted in damages, like injuries and financial losses. You can receive compensation for damages, and we’ll ensure you get your claim’s worth.
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Were You Involved in a Distracted Driving Accident? We Can Help!

We know that being involved in a distracted driving accident can be stressful and overwhelming. As a result, our team at Terry Bryant Accident & Injury Law will provide compassionate, personalized attention to your case, answer your questions, and guide you through each step. We will help you recover the compensation you need to move forward.

Also, we’ll provide regular updates about your claim, explaining what’s happening at each stage and your legal options. We do not charge upfront fees; we work on a contingency fee basis, so you only pay us when we win your case. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.