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Rhode Island Personal Injury Attorney / Blog / Distracted Driving / How To Prove That A Car Accident Is Caused By Distracted Driving?

How To Prove That A Car Accident Is Caused By Distracted Driving?


If you believe that the other driver involved in your car crash was distracted, you need to demonstrate evidence of distracted driving. But how do you prove that your accident was caused by distracted driving?

A skilled attorney can help you gather all available evidence to prove that the other motorist was not paying attention at the time of the accident. Speak with a Rhode Island distracted driving accident lawyer to discuss your case and begin collecting evidence.

Gathering Evidence at the Accident Scene

Many people underestimate the importance of photographs and videos at the scene of the car crash. However, photos and videos could help you prove the fact that the other driver was not paying attention to the road when the crash occurred.

For example, your photos taken at the accident scene can show the lack of tire marks from braking. The lack of tire marks on the ground could serve as evidence to prove that the driver did not hit the brakes prior to the collision because they were distracted and did not notice the hazard until it was too late.

Gaining Access to the Distracted Driver’s Cellphone Records

The vast majority of distracted driving accidents are caused by texting while driving. Texting while operating a motor vehicle is a dangerous distracting activity because it involves all three forms of distraction:

  1. Manual (hands);
  2. Visual (eyes); and
  3. Cognitive (mind).

It can be difficult to prove that a driver was typing or reading a text message at the time of the collision without having access to their cellphone records.

Fortunately, your attorney can submit a subpoena to the driver’s cellphone company to get access to their phone records showing how the device was used in the minutes before the crash occurred.

Obtaining Witness Statements

Witness statements are equally important when proving that a car accident was caused by a distracted driver. In many car crashes involving a distracted motorist, the fact that one of the drivers was distracted can be proven through witness statements.

Therefore, if you suspect that the other driver was distracted, you should talk to other motorists and pedestrians who may have witnessed what happened and saw what the distracted driver was doing before the collision.

Getting a Police Report

In Rhode Island, you are legally required to report a car crash involving injuries, deaths, or property damage in excess of $1,000. If the police arrive at the scene of your accident, the officer will prepare a police report.

The police report is one of the pieces of evidence that can be used to prove that the driver was distracted. However, some reports may not explicitly say anything about the driver distraction.

Talking to an Attorney

Last but not least, you need to speak with a knowledgeable attorney to help you build a strong case proving that the other motorist was distracted. Your lawyer may hire accident reconstruction experts, subpoena the distracted driver’s cellphone records, obtain witness statements, and gather all available types of evidence to prove your claim.

Talk to our Rhode Island distracted driving accident attorneys at Robert E. Craven & Associates to discuss your unique case and help you navigate the legal process. Call 401-453-2700.

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