Proving Distracted Driving In Rhode Island Injury Cases
Distracted driving is one of the most common causes of serious car accidents in Rhode Island. But being injured by a distracted driver is only the beginning of what can be a long and complicated road. To recover compensation, you generally need to show that the other driver was actually distracted at the time of the crash. So how does that proof come together, and what kinds of evidence make the strongest case?
What Rhode Island Law Says About Distracted Driving
Rhode Island takes a firm stance on distracted driving. Under R.I. Gen. Laws § 31-22-30, drivers are prohibited from using a handheld wireless device to compose, send, or read text messages while operating a motor vehicle. The state went even further in 2018 with a hands-free law, banning all handheld phone use behind the wheel. Rhode Island uses primary enforcement, meaning an officer can pull a driver over for this violation alone, without any other traffic infraction. Knowing this legal framework matters because a citation issued to the other driver at the scene can become a meaningful piece of evidence in a civil injury claim.
The Types of Evidence That Can Help Build Your Case
Proving distraction is not always straightforward, but several sources of evidence can be especially valuable:
- Cell phone records: Subpoenaed phone records can show whether the at-fault driver was texting, calling, or using apps around the exact time of the collision.
- Police reports: If an officer noted observations consistent with distraction, or if a citation was issued, that documentation carries weight.
- Witness statements: Bystanders or other drivers who saw the at-fault driver looking down, drifting lanes, or holding a phone can provide powerful testimony.
- Traffic and surveillance camera footage: Video from nearby cameras or dashcams can capture what a driver was doing in the moments before impact.
- Vehicle data recorders: Many modern vehicles record speed, braking, and other data that can help reconstruct the collision and point toward inattentive driving.
- Social media activity: Posts, messages, or app activity on a driver’s phone around the time of the crash can sometimes be uncovered through discovery.
Each case is different, and the availability of evidence depends on factors like how quickly it is preserved after the accident.
Why Acting Quickly After an Accident Matters
Evidence does not last forever. Surveillance footage gets overwritten. Witnesses become harder to locate. Phone companies are not required to keep records indefinitely. If you have been injured in a crash you believe involved a distracted driver, the steps taken in the days and weeks after the collision can significantly affect your ability to document what happened. This is one reason why time is often a critical factor in distracted driving injury cases.
Contact an Attorney for Guidance Today
If you or a loved one was hurt in a crash involving a distracted driver, we want to hear from you. At the office of Robert E. Craven & Associates, we represent injury victims throughout Rhode Island on a contingency fee basis, which means you pay no fee unless we recover for you. Our Rhode Island distracted driving attorneys understand what it takes to investigate these cases and build the strongest possible claim on your behalf. Call us at 401-453-2700 to schedule a free consultation.
Source:
law.justia.com/codes/rhode-island/title-31/chapter-31-22/section-31-22-30/
