Driving is a task that requires constant attention and one should never try to multitask while driving as there is no room for error. One mistake can put lives at risk. In this post, our law firm's St. Louis car accident lawyer will discuss distracted driving accidents, and will share some tips on proving distracted driving as a cause of car accident.
Distracted driving can be caused by a number of activities like chatting, texting, and eating. Distracted driving involving use of smartphones while driving is one of the top reasons for auto accidents. It contributes to about eighty percent of accidents on roads.
These accidents have the potential to cause serious injuries and fatalities among drivers, passengers, other motorists on the road, as well as innocent pedestrians.
The consequences of distracted driving are known to all, however, negligent drivers still indulge in it causing serious accidents, injuries, damages and fatalities. How does one then determine the cause of an accident as negligent distracted driving in order to establish fault?
Proving distracted diving
When it comes to claiming compensation for damages and injuries, and determining fault, it is essential to know and investigate if the accident was caused by distracted driving, or due to another reason. The following are some pointers that accident victim can use to investigate cause as distracted driving.
Checking call records
During investigation, the accident victim should request that the phone records of the other party be looked at. Check for calls or texts sent that coincide with exact time of the accident. This will enable one to determine if the alleged party was distracted by the use of a cell phone.
Eyewitnesses like pedestrians, drivers in adjacent lanes and even passengers in the other driver’s vehicle can give accounts and help in identifying distracted driving. It is essential to get information and personal details of these eyewitnesses so that they can be contacted again. However, it is most important to get their statements as soon as possible, while the details of the accidents are still fresh in their minds.
Hire accident reconstruction experts
Accident reconstruction experts investigate the scene of the accident. They try to reconstruct the accidents by observing skid marks and other physical evidences and draw conclusions about speed and the driver’s reaction time to determine fault.
Check the surrounding areas for video cameras
Many locations, shops, buildings, traffic signals, junctions and intersection points have video cameras and CCTV surveillance installed for security reasons. The footage in the video cameras in the surrounding areas where the accident has occurred can provide clues and relevant evidence.
Often during investigation and interrogation, the driver involved can admit to using a phone or a hand held device while driving. This admission is called ‘admission of a party opponent’ and can be used in court to prove distracted driving.
Hiring legal help
It is extremely essential to determine fault and prove distracted driving as soon as possible. When it comes to on-road car accidents, time is of the essence, and therefore, accident victims should seek legal assistance from a qualified, experienced and trained car crash attorney as soon as possible.