Distracted driving is one of the leading causes of auto accidents today. From texting and scrolling social media to eating or adjusting the GPS, drivers who aren’t paying full attention to the road are a danger to everyone around them. If you have been injured in an accident caused by a distracted driver, proving liability is key to recovering compensation for your injuries and damages. Lastimado Texas will share what counts as distracted driving, why it’s dangerous, and most importantly how to prove the other driver was at fault.
What is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the task of operating a vehicle. It typically falls into three categories:
• Visual: Taking your eyes off the road.
• Manual: Taking your hands off the wheel.
• Cognitive: Taking your mind off driving.
Texting while driving is especially dangerous because it involves all three types of distraction and it’s one of the most common causes of preventable accidents.
Why Proving Distracted Driving Matters
In a personal injury case, you must show that the other driver was negligent, meaning they failed to exercise reasonable care. Distracted driving is a clear example of negligence, but it can be difficult to prove unless you gather the right evidence. The more solid your proof, the stronger your claim and the better your chances of recovering compensation for:
• Medical bills
• Lost wages
• Pain and suffering
• Property damage
How to Prove the Other Driver Was Distracted
Here are the most common and effective ways to prove liability in a distracted driving accident:
Cell Phone Records: If you suspect the other driver was texting or calling during the crash, your attorney can request their phone records through a subpoena. These records can show call and text timestamps, app usage logs and data activity. This type of evidence can strongly support your claim of distraction.
Dashcam or Surveillance Footage: Footage from a dashcam or nearby security camera can be invaluable. It may show the driver holding or looking at a phone. It can also show erratic driving behavior and the actual moment of impact. If you or anyone nearby had a dashcam running, preserve that footage immediately.
Eyewitness Testimony: Bystanders or other drivers may have seen the at-fault driver looking down at a phone, eating or drinking or applying makeup or engaging in other distractions. Eyewitness accounts can corroborate your version of events.
Police Report: If police responded to the scene, the officer may note distracted driving behavior in their report. For example a phone was found on the driver’s lap or the driver admitted to texting. Always request a copy of the official accident report.
Vehicle Data: Some newer vehicles store data about driver behavior, such as speed, braking, and steering input. This “black box” data can reveal whether the driver tried to avoid the crash or was inattentive.
Role of a Personal Injury Lawyer
An experienced personal injury attorney can help gather, analyze, and present the necessary evidence to prove the other driver was distracted. They can:
• Subpoena phone records
• Locate and preserve video footage
• Interview eyewitnesses
• Work with accident reconstruction experts
• Communicate with insurance companies on your behalf
Without legal help, it’s easy to miss key evidence or be taken advantage of by the other driver’s insurer.
Personal Injury Attorneys in Mansfield, TX (Just Minutes from Midlothian, Euless, Bedford, Irving, Hurst, Burleson, Kennedale, Grand Prairie, Duncanville, Waxahachie, Red Oak & Arlington, Texas)
Distracted driving is a serious, preventable form of negligence and it shouldn’t go unpunished. If you’ve been hurt in an accident and believe the other driver was distracted, you have every right to pursue compensation. But proving distraction takes quick action and strong legal strategy. Contact Lastimado Texas today.
