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Proving Distracted Driving in A Personal Injury Claim

Posted by Schauermann Thayer | Nov 02, 2018 | 0 Comments

Distracted driver

Distracted drivers are present on roads all over the country--in fact, distracted driving is one of the primary causes of automobile accidents in the United States. If you were involved in an accident caused by a distracted driver in Washington or Oregon, you may be entitled to recover financial compensation for the injuries you suffered.

Proving Distracted Driving After an Accident

When it comes to being successful in a distracted driving lawsuit, a judge or jury may not simply take your word that the driver who caused the accident failed to pay attention to his or her surroundings while driving. You must prove that the other party was driving while distracted. In order to do so, you must gather evidence showing that the driver was not fully focused on the road at the time of your accident.

Obtain Cell Phone Records: If you believe that a driver was texting while driving, or otherwise using his or her cell phone in an unsafe way at the time of your accident, you may be able to obtain the at-fault driver's cell phone records. If you can prove from the cell phone records that the other driver was using his or her phone at the time of the accident, then you may be able to recover damages from the driver for his or her negligent actions.

Testimony from Witnesses: At the time of your accident, you may not have been the only individuals on the road. Witnesses such as pedestrians or drivers and passengers in other vehicles can be invaluable in a personal injury case, as they may have noticed that the driver was preoccupied at the time of your accident. The services of a competent investigator can help uncover this information.

Video Footage: If there was a video camera on a traffic light, in front of a nearby store, or even on your dashboard if you had a dashboard camera at the time of your accident, such footage may be able to prove that the other driver was distracted when he or she caused your accident.

Admissions: Sometimes, the driver will explain what caused the crash to you, a witness, or a police officer investigating the crash. This can be valuable evidence that will go to proving the cause of the crash. If the driver admits this in an official proceeding--for example, a statement to an insurance company or in a lawsuit's discovery--that is even better.

Injured by a Distracted Driver? We're Here to Help

If you have suffered injuries as a result of an accident caused by a distracted driver, you deserve competent legal representation from a team of attorneys with your best interests in mind. The personal injury team at Schauermann Thayer Jacobs Staples & Edwards PS is dedicated to fighting on your behalf to receive the compensation warranted for the injuries you never should have suffered. To schedule a consultation with a member of our team, fill out an online case evaluation form or call (360) 695-4244 today.

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