How to Prove a Driver was Distracted During a Car Accident

By Jackson Law Offices, P.C. May 9, 2018 4 min read

Believe it or not, 3,477 people were killed in 2015 across the country in distracted driving accidents according to the National Highway Traffic Safety Administration. These scary statistics have led to new distracted driving laws to try and curb the number of people affected by distracted driving accidents. A question we see raised frequently is “I was in an accident with a distracted driver, but how do I prove that they were?” The answer to this question is simple. It would be in your best interest to hire the experienced Augusta car accident attorneys of M. Austin Jackson Attorney at Law.

What is Distracted Driving?

Car accidents are rarely the result of only one negligent act or driver. People can drive aggressively, distracted, or have issues with their vehicle, all of which can lead to an accident. In Georgia, distracted driving is constituted as one or more of the following acts:

Texting or talking on a cell phone
Using another electronic device (GPS)
Talking to other passengers in the vehicle
Eating or drinking
Reading
Putting on makeup
Adjusting the radio
Rubbernecking (paying attention to another event happening on the road)

Expert Witness Testimonies

Georgia permits experts in given fields to provide testimonies for aspects of cases in court. If a witness has been certified (has been approved by all parties as for having the requisite education, experience, and knowledge in their field) they can look at the evidence presented and testify their opinion that the driver who was distracted caused the accident.

It is important to also keep in mind that the opposing party can produce an expert witness as well. Expert testimonies can be crucial in proving that a driver was distracted during a car accident. However, an expert witness is expensive, and they are rarely called upon unless the injuries stemming from the accident were severe.

Investigation and Gathering Evidence After a Car Accident

Just like with any car accident, the most foolproof way of proving that someone was distracted is by gathering evidence at the scene. This is especially true for accidents that are serious as there is little evidence that is more concrete than that obtained immediately after an accident.

Taking pictures and videos of all aspects of the scene is critical to helping prove the other driver’s distraction in your accident. For example, if you discover that the driver’s cell phone is on their seat or you see an open food container, this could be evidence to support your case.

If the police are contacted after your accident, the responding officers will typically obtain a description of what happened in the accident according to both drivers. This evidence in the police report can be used to your advantage.

If information about the other driver’s behavior during the accident is unavailable, M. Austin Jackson Attorney at Law can request a copy of the driver’s cell phone records at the time of the accident. CCTV footage can also be requested from local businesses around the crash site. This can prove to be a hit or miss strategy because local businesses are not required to preserve video. This is why it is critical to have an experienced car accident attorney on your side, so they can work quickly to obtain all applicable evidence for your case.

Contact the Augusta Distracted Driving Accident Attorneys at M. Austin Jackson Attorney at Law

Car accidents caused by distracted driving are all too common in Georgia. Whether you are driving a car or riding a motorcycle, everyone on the road is subject to the risks posed by a distracted driver. If you or someone close to you has fallen victim to a distracted driver, contact the experienced personal injury lawyers at M. Austin Jackson Attorney at Law so that we can discuss your case. We know that the legal process can be strenuous on a person who has been injured. That is why we will do everything in our power to take this burden off of your shoulders so your only focus can be on healing. Your first consultation with us is free. We work on a contingency fee basis, which means you won’t be charged unless we win the case. Contact us today.