To win a distracted driving auto injury claim, you have to establish that the other driver wasn’t paying attention. You must connect their distraction directly to the crash and your injuries.
There are a lot of distracted driving accidents every year, but drivers don’t often confess guilt. Strong evidence is the most important part of your injury claim. So, in this article, we’ll talk about how to gather evidence for auto injury cases involving distracted driving.
Quickly Secure Cell Phone Records
Cell phone records can show calls or texts that happened right before the crash. These records usually show when messages were sent and when data was used.
Most of the time, service providers only keep records for 90 to 180 days. Acting quickly helps keep the knowledge safe before it disappears.
Phone data can also show how you use apps or browse the web. That piece of information could help prove that the driver was not paying attention.
Ask for Data from the Vehicle’s Black Box
An event data recorder is found in a lot of cars made after 2013. This device records data about speed, braking, and steering before the crash.
If the driver never hit the brakes, that could mean they weren’t paying attention. Sudden swerving may also point to distraction.
This data lets experts figure out what probably happened just before the crash. It can connect the crash to the distraction.
Take Pictures and Videos at the Scene
Photos taken shortly after the accident can reveal important details. You might see a phone on the seat or food in the driver’s lap.
Pictures of the road are also important. If there are no skid marks, it could mean that the driver didn’t respond in time.
Your phone’s video clips can show where cars are and what traffic signals are. These details will help you remember what happened later.
Look for Footage from Surveillance Cameras and Dash Cams
Some businesses nearby may have security cameras that face the road. Traffic cameras sometimes record important moments just before an accident.
Dash cams from other vehicles can also be helpful. They might show the driver looking down or swerving between lanes. Time is very essential here, as a lot of systems wipe footage in only a few days.
Get Statements from Witnesses Early
Witnesses often see things that crash victims don’t. Someone who was there might have seen the driver on the phone.
People in other vehicles may be able to confirm that the driver looked away from the road. Their neutral point of view can help your case.
Before they leave, ask witnesses for their contact information. Memories fade fast after stress.
Review the Police Report Carefully
Officer observations are often included in a police report. Officers may write down whether they saw a phone or whether the driver said they were distracted.
The police report might say that distraction was a factor. It can also have illustrations and statements from other drivers.
A report by itself may not be enough to prove your case. It only works best when combined with other evidence.
Consider Expert Analysis
Experts in accident reconstruction analyze physical evidence and data. They review skid marks, damage to the cars, and recordings from the black box.
Experts can tell you how a reasonable driver would have acted. If the at-fault driver failed to brake, that detail is important. Their testimony can link the crash to the cause of the distraction.
Key Takeaways
- To prove distraction, you need concrete evidence that shows it happened at a certain moment.
- Cell phone records can show when someone was texting or using an app.
- The data in the black box might not show any braking or a delayed reaction.
- Pictures and videos can show signs of inattention.
- Witness statements generally confirm unsafe behavior.
- Police reports support, but don’t often prove, distraction alone.
- Acting quickly prevents the loss of important digital evidence.
