How do you prove a driver was distracted? | Rosenthal, Levy, Simon & Sosa

How do you prove a driver was distracted?

Distracted driving is one of the deadliest hazards you can encounter on the road. Most drivers are well-aware of the danger that texting and driving presents. There are endless other forms of distraction, too, which can be equally detrimental to your ability to drive safely. If you have been a victim of an accident caused by such a driver, you may wonder how you can prove distraction to establish liability in court.

If your accident case escalates to litigation, a few ways exist that legally prove a driver’s distraction. The following are three examples of potential methods of establishing that a driver was distracted.

Expert testimony 

One of the most effective resources in any court case is the presence of an expert witness who can provide testimony. This is often necessary when the case involves factors that require specialized knowledge to understand. In a car accident potentially triggered by a distraction, an expert witness provides testimony evaluating evidence and offers a judgment. There are experts on distracted driving who can be used to provide evidence that an accident was caused by inattention.

Forensic evidence

According to MEA Forensic, certain forensic hallmarks of car accidents involving distracted drivers exist, including delayed response time. Examining the physical evidence at the site of a crash helps establish whether a driver exhibited a delayed reaction, and if so, whether this was the primary cause of the collision. In such circumstances, it is fair to blame distractions.

Technology use records

Forensic evidence from the crash site is not the only evidence that proves driver distraction. If the driver in question was distracted by his or her phone or another technological device, it may be possible to subpoena usage records from the service provider and identify activity that occurred at the time of the crash. This is an increasingly common piece of evidence in such cases.

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