How distracted driving fault is determined

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It can be easy to get distracted while behind the wheel, as distracted driving encompasses much more than texting. One can find themselves distracted by another passenger, reaching to grab something from the back seat, watching something outside the vehicle or even attempting to choose a radio station.

Distracted driving is dangerous, and it is the cause of many accidents.  Statistics show that close to 500,000, half a million, individuals are on their phones while driving. This does not include all the other ways that one can distract themselves when they are behind the wheel. If a car whose driver was distracted strikes you, how do investigators determine that distracted driving was at fault?

There was a witness

In many instances, there are witnesses that see motor vehicle crashes take place. At the time of the accident, it may be wise to look around and see if there are any witnesses who can confirm what the other driver was doing at the time of the accident. Having them report this to the police may prove beneficial.

Phone records

If you saw that the other driver was texting or on the phone when they hit you, you may be able to request that the police seize their phone records. Phone records can be telling, especially if there was substantial evidence stored in the phone such as a text message stream or recent phone call. If a text went through at the same time as the accident occurred, it may be difficult for the other driver to defend themselves.

Proving that another driver’s distracted behavior was the cause of an accident can be difficult. Unlike aggressive driving or drunk driving, the signs of distracted driving can be easy to miss. Knowing there are ways to prove this behavior can be helpful when making a case for liability on behalf of the other driver.

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