How to Prove the Other Driver Was Distracted

December 12, 2022

How to Prove the Other Driver Was Distracted

If a distracted driver caused your car accident and left you with expensive medical bills or lost wages, you might decide to file a personal injury claim. However, you’ll hold the burden of proof, which means it’s your responsibility to prove that the other driver was distracted.

Here are a few ways to prove the other driver was distracted.

Admission of Guilt

Of course, if the other driver admits that they were distracted, this may be sufficient proof. This is one of the strongest pieces of evidence, especially if the defendant admits guilt to a police officer or judge. If the other driver admits guilt of distracted driving at the scene of the accident, make sure the responding police officer includes it in an accident report.

Police Report

A police report can also be valuable to your personal injury case. If the other driver admits that they were texting and driving or talking on the phone, the police officer may include that information in the police report. A police officer may also include suspicions of distracted driving in the police report.

Witness Statement

Witness statements may also prove distracted driving. If another driver stops at the scene of the accident and claims that they saw the person texting or picking up their phone just prior to the accident, this may be enough. Make sure you collect the contact information of any witnesses who can contribute to your case.

Phone Records

While harder to source, phone records can also prove distracted driving. Your lawyer may be able to subpoena the other driver’s records to prove that they sent a text message or opened a social media app at the same time as the car accident.

Video Evidence

Depending on the location of the accident, video evidence may also be available. Many stores and gas stations have CCTV cameras, which may show the other driver engaging in distracted driving. Your lawyer will have to subpoena this information to review it and use it in court.

Physical Evidence

Professional investigators can review the scene of the accident to look for any physical evidence of distracted driving. This could include tire marks that show that the driver braked too late.

The Importance of Proving Distracted Driving

Pennsylvania is a no-fault auto insurance state, so you’ll initially turn to your insurance company to cover your damages. Your personal injury protection (PIP) policy is limited, which means it may not cover the full cost of your damages. In this case, you may be able to file a personal injury lawsuit against the responsible driver.

A personal injury lawsuit in Pennsylvania requires that you prove negligence. Distracted driving is one type of negligence that may result in you receiving the compensation you need. Yet, distracted driving is one of the most difficult forms of negligence to prove since you don’t have access to the other driver’s phone.

Hiring a good personal injury lawyer can help you build a strong case. You’ll need sufficient proof to demonstrate that the other driver was distracted.

Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Distracted Driving Case in Pennsylvania

Did you or a loved one sustain serious injuries due to a distracted driver in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Law Office of Mark A. Smith represent clients injured because of distracted driving in Homestead, Erie, Greensburg, Pittsburgh, and throughout Pennsylvania. Call 412-567-9598 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 707 Grant Street Suite 3250 Pittsburgh, PA 15219.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.




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