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What to do After Distracted Driving Accident

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Jonathan Hernandez1 year ago

Proving distracted driving as the cause of an accident in a personal injury case is more complicated than one may assume.

Proving Distracted Driving

Whether or not a driver was distracted or using a cellphone at the time of an accident is important to take into consideration when determining fault and liability in a crash.

According to the Centers for Disease Control and Prevention, there are thousands of wrongfdul deaths every year due to distracted driving accidents, and nearly one in every five motor vehicle accidents is caused by someone being distracted by a cellphone while driving.

Although many states have laws against using the cellphone while driving, proving that someone was on the phone at the time of the accident may be more difficult than one might assume.

Here are some ways that someone may be able to prove that someone was distracted at the time of the accident:

Surveillance Cameras

Traffic and surveillance cameras are modern tools that are becoming more and more available for people to use to prove that another driver was distracted or on their phone at the time of the accident. Cameras from local businesses as well as traffic cameras can be used to determine whether or not someone was on the phone.

Obtain Cellphone Records

One of the best ways to prove that someone was using the phone at the time of an accident is to obtain cellphone records. Phone records can be subpoenaed in court as evidence to prove distracted driving. Most cellphone carriers have details data covering not just phone calls, but detailed records of any data usage – including Facebook, Instagram, email, and other social media use while driving.

What to do after an Accident

After being involved in a suspected distracted driving accident, you should first make sure you and the other drive are okay. Immediately report the accident to police, exchange contact and insurance information with the other driver, take photos of the damage, look around for traffic cameras, and call an attorney.


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