How to Prove Distracted Driving

Posted by Admin | Feb 10th, 2022 |

If you or somebody you care about has been injured in a vehicle accident caused by the actions of a distracted driver in North Carolina, you should be able to recover compensation for your losses. However, actually proving that the other driver was distracted can be challenging. Here, we want to discuss some of the steps you can take both immediately after a crash as well as in the days and weeks that follow to recover maximum compensation in these situations.

Get Eyewitness Contact Information

It is not uncommon for eyewitnesses to come forward after a vehicle accident occurs. Typically, these eyewitnesses are comprised of drivers and passengers who saw the incident occur as well as bystanders near the roadway who may have seen what happened.

If you have been involved in a vehicle accident in North Carolina and you suspect that the other driver was distracted in some way, it is important for you to get the names and contact information of any eyewitnesses around the scene. If you do not get their names and contact information right away, there’s a good chance that you will never see these individuals again, and their statements will never make it into the official record.

Eyewitnesses can provide testimony to insurance carriers, and they may even be able to testify at a personal injury trial, if one becomes necessary.

Turn to the Police Report

One of the main pieces of evidence that insurance carriers will need to see in order to process a claim is the police report. In North Carolina, nearly every vehicle accident that occurs must be reported to law enforcement officials. When a police officer comes to the scene of a crash, they will conduct a preliminary investigation. If the officer suspects that distracted driving occurred, they will note this in their report. Additionally, the officer will take statements from eyewitnesses and other drivers involved, and if any of those individuals mentioned distracted driving, this will likely be notated in the report as well.

Find Video Surveillance

Video evidence can be a linchpin for a personal injury claim. After a vehicle accident occurs, there may be various types of video surveillance footage available, including:

  • Dashcam footage
  • Security cameras on nearby homes or businesses
  • Doorbell cameras

Obtaining this video surveillance footage can be challenging. In some cases, it may be possible to ask the business or property owners directly for the footage, but they may not turn over this footage willingly. Nor are they under any obligation to do so.

Obtain Mobile Device Data

For vehicle accident claims in North Carolina that result in severe injuries or fatalities, police officers and legal teams involved may file a subpoena to obtain mobile device records of the drivers involved. These records could indicate a number of things, including whether or not the device was in use at the time the crash occurred. For example, if an individual was sending or receiving a text message at the time the crash occurred, this could indicate that the person was busy looking at their screen. Additionally, mobile device records may show that a person was browsing the Internet or using a streaming service when the incident happened.

Working With an Attorney

If you or somebody you love has been injured in an accident caused by another driver, and you believe the other driver was distracted, you need to work with a Raleigh car accident attorney immediately. A skilled lawyer can conduct a full investigation into the incident and help you recover compensation for your medical bills, property damage expenses, lost wages, and more.