Being involved in a car accident could potentially have life-changing consequences. Even if your injuries are not life-changing, an accident still can significantly impact your life. Whether you sustained mild or severe injuries or suffered property damages, you most likely will be entitled to receive compensation if you were hit by a distracted driver. Before receiving compensation, however, your attorney must prove that the other driver was distracted.
Proving the other driver was negligent because they were distracted can get complicated. The best way to pursue a successful outcome for your claim is to hire an experienced California car accident lawyer.
How to Prove the Other Driver Was Distracted
To prove negligence, an attorney must first establish that the other driver owed you a duty of care. Your attorney must then establish that the other driver breached that duty of care because they were distracted. Attorneys may use the following forms of evidence to prove that the other driver was distracted:
Physical Evidence from the Accident
Photographs and video surveillance of the scene can be instrumental in proving the other driver was distracted.
A photograph might show a lack of tire or brake marks. Such a lack of tire or brake marks potentially shows that the other driver did not hit the brakes. If the driver had been paying attention, they would have had enough time to hit the brakes. A lack of tire marks in a photo could help you establish that the other driver did not notice they were about to collide with you.
Video surveillance may show what the other driver was doing just before the crash. Video surveillance footage might show them focusing on whatever task distracted them. You could use video footage to prove that the other driver was not paying attention to the road.
Evidence from Their Phone Records
The most common distraction for drivers is their phones. Whether they are on a call, texting, or sending an email, the split second they lose focus on the road could lead to dire consequences. Your attorney can subpoena the driver’s cellphone company to access the usage records. With the records detailing the driver’s phone activity, your attorney can establish that the driver sent a text, opened an email, or even watched a video at the time of the accident.
Obtain Eyewitness Statements
An eyewitness can provide crucial evidence with their statement. Your attorney can request official statements from an eyewitness who saw the other driver being distracted at the time of the accident.
Use the Police Report as Evidence
It is crucial to call the police after an accident, especially if injuries, fatalities, or property damages occur. Police officers have the training needed to examine the scene of an accident and deduce who is at fault. While the officer’s opinion alone is not necessarily hard evidence, it could help convince a judge or jury that the other driver was at fault. Additionally, an official accident report will include vital details such as the speed of the collision and whether the other driver hit the brakes.
Work with a Crash Expert
Crash experts have the experience necessary to analyze car accidents and determine who is at fault. Having a crash expert testify during your case can help solidify that the other driver caused the accident because of their distraction. Crash experts also can help reconstruct the accident, which is another excellent way to show that the other driver caused the accident.
Contact the Experienced California Car Accident Lawyers at Setareh Law Today
After a car accident, obtaining the proper evidence is vital to building a solid insurance claim or personal injury lawsuit. Setareh Law has over fourteen years of experience handling car accident insurance claims and lawsuits. Our legal team has the skills and resources needed to conduct a complete investigation to determine who is at fault, negotiate with insurance companies, and, if necessary, prepare a case for court.