After you’ve been involved in an incident where distraction might have been a factor, knowing how to demonstrate this fact is critical to your case. Ultimately, working with a Fresno car accident lawyer is your best chance at successfully proving the other driver was distracted, and therefore, at fault. Here’s how you and your lawyer can work together to prove they were driving while distracted:
Eyewitness Testimony
If you see another driver swiping through their phone or eating behind the wheel, that’s powerful proof they were not fully focused on driving. Your testimony as a victim can play a significant role in showing distraction.
Police Report
Officers include details in their report after an accident. They should write down anything suggesting distractions. For example, if they saw the other driver holding a half-eaten hamburger right after the crash, this might be evidence that they were eating while driving, and therefore distracted. For example, the city of Fresno offers detailed collision reports on their website.
Cell Phone Records
A person’s cell phone records can provide a precise log of their activity. If they were texting, calling, or scrolling through apps right when the accident happened, these records are hard evidence that support your case. Your lawyer can subpoena their records to see what they were doing leading up to the accident.
Traffic Camera or Surveillance Footage
Cameras at intersections or on a business’s exterior sometimes catch people driving while distracted – like using their phone just before the collision occurred. This footage can be solid evidence for showing distraction behind the wheel. Video footage might come from a person’s outdoor surveillance cameras as well, like a doorbell camera.
Vehicle Data Logs
Newer cars often keep track of vehicle and driver actions. This could reveal whether someone was using the dashboard screens instead of paying attention to the road around them.
Social Media Activity
If the other driver posted to their Instagram or Facebook right around the time of the incident, this would strongly suggest they weren’t focused on driving. These posts are time-stamped and can serve as evidence that during or just before an accident, social media may have caused a distraction.
Driver Admissions
After an accident, people sometimes let it slip that they were distracted – maybe by admitting to changing their music or replying to a text just before impact. This type of admission can be used as strong evidence of distraction.
Expert Testimony
Accident reconstruction experts look at all aspects of the accident when piecing together how and why your crash happened. They analyze movement patterns and damage which could indicate whether distracted driving was involved.
Behavioral Evidence
Sometimes, you won’t see skid marks on the road because there wasn’t any attempt made to brake – suggesting that person never saw what was coming due to being distracted by something else entirely. You may not be able to tell exactly what they were doing right before the accident, but this can still suggest that their full attention wasn’t on the road.
Evidence of Fatigue
If a driver appears tired or admits they lacked sleep, this could be another form of distraction. Fatigue seriously affects focus and reaction times – factors which are quite comparable to those seen in other forms of distracted driving and even driving under the influence.
There are many ways to try to prove that the other driver was distracted so you can get the compensation you’re entitled to. Ultimately, the most important step you can take is to contact a personal injury lawyer in Fresno as soon as possible. Reach out today to schedule a free consultation.