Hit by a distracted driver? You’ll need proof

Posted by Ben Davidson about 8 months ago
When you've been injured in an accident that wasn't your fault, it's both mentally and physically debilitating. You're not only worried about your physical health, but the fact you may not be able to support and provide for your family can also harm your mental health.

You simply don’t deserve this. The accident wasn’t your fault and you did nothing wrong. If you believe that the other driver was at fault then you’ll need to talk to a personal injury attorney about the legalities and to see if you’re eligible for the compensation you’re entitled to, check out this car accident lawyer from Dallas to find out more.

But what if the driver who hit you was distracted behind the wheel? If you’re certain that the cause of the accident was because they were distracted then it’s a major element of your personal injury case that needs to be addressed. Firstly, you need to mention this to your lawyer, as they’ll try to prove that the driver at fault was distracted.

But what kind of proof do you need in a case like this? Surely it’s just your word against theirs? Here we’ll look at some ways it can be proven that the other driver was distracted behind the wheel.

Evidence in the police report
When the police arrived at the scene, they will have created a police report of the incident. If they saw the other party engaging in a distracted behaviour or they saw evidence of this after the crash then they will have taken note of it in the report.

Cell phone records
Using your phone behind the wheel is incredibly dangerous and selfish. So if you’re certain that you’ve the victim here because the other driver was using their phone behind the wheel then you can prove it by gaining access to their phone records. Your personal injury lawyer will be able to discuss your options here.

Video evidence
We live in a well-monitored world. CCTV, dashcams of other drivers, security cameras from homes and businesses by the crash site. There may be proof of distracted driving on any of these recordings. Again, your attorney should be able to find out how to get the necessary files needed to prove that they were distracted behind the wheel.

Witnesses
After a car accident, it's important to speak with any witnesses who saw the accident. If they saw the other driver on their cell phone or being distracted behind the wheel then they could provide the proof needed.
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