How Do I Prove That a Driver Was Distracted After an Accident?
Distracted driving is the number one cause of car accidents. What do you do if you were involved in an accident that wasn’t your fault? How can you prove that the other driver was distracted: be it texting, reading social media, talking on the phone, or even just not paying attention?
Not all distractions are because of phone usage. There are three forms of distracted driving: visual, manual, and cognitive. No one distraction is worse than the next, and all can have catastrophic results. Contact a Las Vegas distracted driving accident lawyer at our Nevada office for your free case evaluation if you believe you were the victim of an auto accident due to a distracted driver.
Get Videos and Photos of the Scene
Documenting everything immediately after an accident will help your case. Photos and videos of the scene, each vehicle involved, and even the other party’s reactions after the accident can go a long way in proving that you were not at fault. You can use your cell phone or the phone of family or friends on the scene to help you document what happened directly after the accident.
Subpoena For Cell Phone Records of The Distracted Driver
Requesting the phone records from the cell phone carriers can prove if the other party was calling or texting. Some records even can indicate if they were using the internet on their phone. This can prove invaluable in helping your case. An experienced accident attorney can request these records and use them for your case if needed.
Get Multiple Copies of the Police Report
Gathering multiple copies of the police report can help your insurance company, lawyer, and even yourself understand what happened during the accident. While this is a valuable tool, sometimes it will not directly state if the other party was distracted. Even when it is not directly stated, the police report will give a detailed report of what happened, including how the accident occurred, who was involved, where it happened, and any witnesses.
Interview Each Witness
Statements from witnesses who saw the accident and can accurately describe the moments leading up to it, including the accident itself, help you prove your case. Your attorney can help you sort through which statements are viable in court, and they can subpoena witnesses as needed for court or insurance questions.
Get Legal Help
You can do each of those things on your own. You can and should hire an attorney to do it for you and help you through the process after the accident. They can help you interview witnesses, get phone records, go through photos, and more. Trying to handle evidence on your own can be a daunting task.
Get a Free Case Review: Distracted Driving in Nevada
Accidents caused by distracted driving can have long-lasting impacts on your day-to-day lives. Lost wages, pain and suffering, medical bills, and property damages are just some of the issues you may face due to a distracted driver.
If you believe the accident you were involved in resulted from a distracted driver in Nevada, contact us now to schedule your free, confidential case evaluation. You may have valuable legal rights that need to be protected.