How Do I Prove a Driver Was Distracted At The Time of an Accident?

Distracted driving is an epidemic in the United States and has been referred to by many organizations as a serious public health issue,1 especially to younger drivers. The following are extremely common distractions while driving that can lead to serious accidents and injuries:

  • Texting, emailing, messaging, or browsing the internet
  • Placing a voice call
  • Talking to passengers
  • Listening to podcasts or audiobooks
  • Programming a GPS or changing a radio or music device
  • Reading
  • Eating and drinking
  • Personal grooming
  • Reaching into the back seat or onto floorboards
  • Checking on children

Every driver is expected to drive in a reasonably safe manner and engaging in distracted driving is generally considered to be negligent2 because of the known associated risks. A distracted driver should be held liable for all of the losses of any accident victims.

Proving negligence in a distracted driving case

It is not enough to simply walk into court and state that you believed a driver was distracted. Instead, courts require that you show enough evidence that the jury will believe it is more likely than not that the driver had been distracted and that the distraction caused the crash. Some evidence of distracted driving may include:

  • Admission from the driver that they were not paying attention
  • Witness testimony that the driver was not looking at the road
  • Cell phone, text, or email records
  • Evidence of food or drink in the passenger compartment of the car

These are only a few types of possible evidence you can use to prove distracted driving and an experienced attorney will know how to help you.

Contact an experienced Atlanta personal injury lawyer for help today

If you believe that a distracted driver caused your accident and injuries, you should not hesitate to contact the Atlanta office of Boling Rice, LLC to discuss a possible auto accident injury claim. Our experienced personal injury attorneys know how to investigate every accident, gather and present evidence of distracted driving, and prove that the responsible driver was negligent and should be held liable for your losses. Call today at (770) 744-0890 today for a free consultation.




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