If you are involved in an accident, the other motorist might be considered at fault if he or she was distracted while driving. You may be concerned that this would turn into your word against theirs. However, it is easier than you might think to prove that a driver was distracted. Despite this, you may need help from an car accident lawyer since there is some information you do not have access to.
Defining Distracted Driving
A distracted driver is a motorist who is performing an action that should not be performed while the driver should be focusing on controlling the vehicle. There are often laws that prohibit specific actions performed while driving, such as using a cell phone.
Modern vehicles come with entertainment systems that contain metadata. The metadata allows you to determine if a driver was distracted by his entertainment system at the time of the accident.
A common reason why drivers are distracted is because they are on their cell phone. Fortunately, it's easy to determine if the driver was on his or her cell phone while driving. The cell phone records can be subpoenaed by your car accident lawyer.
This is useful when the driver was talking, texting, or using their data. However, if the driver was using their phone for another purpose, you may need to have your lawyer request access to the phone's metadata. This will allow you to determine exactly what the driver was doing during the crash.
Relying on Witnesses
Some actions are harder to prove. For example, the driver may have been applying makeup while driving. To prove this, you'll need witnesses. If anyone observed the distracted behavior, make sure to write down his or her contact information. Also, if a police officer wrote a police report and observed the behavior, this can be used as evidence of distracted driving. In some cases, you may be lucky and the driver might accidentally admit that he or she was distracted while driving.
This can come in the form of a statement made to the driver's insurance provider and statements that were made on social media. Even if the posts are deleted, your car accident lawyer may be able to subpoena a social media company to retrieve deleted posts showing an admission of guilt. All of this evidence can be used by your lawyer to seek a larger settlement or to win a case in court.