We have all heard about the epidemic of distracted driving and how it is leading to injuries and deaths. If you were a victim of this type of crash, you may be able to pursue compensation. The problem is it can be very complicated to build a case against a distracted driver. You need strong evidence to prove the other driver was on the phone or engaged in some other distracted behavior.
Below, learn about some of the steps an attorney might take to attempt to prove a distracted driving accident. The Harrisburg auto accident lawyers from Schmidt Kramer can discuss your distracted driving accident in a free case review. We can talk about if you may have a case and explain how we could assist you, and there is no obligation to take legal action.
Proving an accident was caused by a distracted driver can be complicated. If you have a case and decided to be represented by our attorneys, we may seek out different types of evidence, which could include:
It is important that accident victims promptly report any accident to local law enforcement as quickly as possible. A law enforcement officer can conduct an initial investigation to determine who may be at fault for the accident.
There are some factors that may suggest a distracted driving accident, such as:
- A rear-end collision
- The accident occurred at high speeds
- One of the drivers drifted into the lane of another driver
- The driver was reported to have been looking down
- The driver applied the brakes late
- The driver ran a stop light or sign
The law enforcement officer will create a report describing the conditions of the accident and might make an initial evaluation about who he or she thinks is at fault. The law enforcement officer will talk to the drivers and any witnesses and may include their comments in the report.
Sometimes, the victim may have observed the other driver talking on the phone or looking down at the time of the accident. In other situations, the other driver might admit that he or she was distracted at the time of the accident.
Cellphone records can be a critical piece of evidence in your distracted driving case. If you have a case, and you choose to be represented by our attorneys, we can determine if we should try to obtain the other driver’s cellphone records. These records may show the time when a driver was:
- Talking on the phone
- Using an app
- Browsing the web
Video and Pictures
Video or photos that were taken at or near the time of the accident may indicate that the other driver was distracted. Some possible sources of video or photo that may show distracted driving may include:
- Photos or videos recorded by passengers in the vehicle
- Photos or videos that the other driver uploaded to social media
- Traffic cameras that recorded distracted driving activity
- Security cameras at nearby businesses
- Surveillance cameras at homes near the accident scene
- Dash cameras in your vehicle or the other driver’s vehicle
Your attorney may be able to contact the owners of cameras that may have recorded footage showing distracted driving.
Talking to Witnesses
Other people may have observed the accident, including your passengers, the passengers in the other driver’s vehicle or bystanders. At the accident scene, be sure that you collect the names and contact information for all witnesses. The law enforcement officer who responded to your accident might also interview the witnesses and include their comments in the police report.
Call an Experienced Lawyer for a Free Consultation
If you believe that your accident was caused by a distracted driver, contact the experienced legal team at Schmidt Kramer. Our attorneys have many years of combined experience investigating a variety of car accidents and obtaining fair compensation for victims.
In your free, no-obligation consultation, we can talk about whether you may have a case and the benefits of being represented by an attorney.
Call (717) 888-8888 right away to discuss your accident.