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What Evidence is Needed to Prove a Distracted Driving Claim?

Each year, there are over six million car accidents reported. With so many car accidents occurring, you may be wondering what causes so many of these damaging accidents in the first place. Distracted driving is one of the leading causes of car accidents in California. If you or a loved one has been injured in a car accident caused by a distracted driver, you deserve to be compensated for the losses you have suffered as a result.

Younglove Law Group is a team of skilled car accident lawyers with experience helping clients who have been hit by distracted and negligent drivers. It is important to know what evidence is needed to prove a distracted driving claim.

What Evidence Do You Need for a Distracted Driving Claim?

It can be difficult to prove that your accident was caused as a result of a distracted driver, especially in distracted driving cases. However, the following evidence can help build a strong claim as you pursue the justice you are owed.

Driver’s Cellphone Records

If you saw the driver who hit you on their phone making a call or texting, obtaining the driver’s cellphone records may be the best way to prove that. Your car accident attorney may be able to petition to obtain the at-fault driver’s phone records if it will help your claim.

Eyewitness Statements

Having witness statements of what occurred at the accident scene can be crucial evidence when trying to prove that the at-fault driver was distracted when they caused the accident.

Physical Evidence

If the driver’s distraction was not due to utilizing a cell phone at the time of the crash, there may be physical evidence of other distractions that may have caused the accident. Some other distractions include:

  • Putting on makeup
  • Drinking or eating
  • Looking for an item on the floor or in the console
  • Looking in a purse
  • Turning around to speak to a passenger in the back of the car

Gathering Evidence at the Accident Scene

Gathering evidence at the accident scene is crucial in building a strong case for a distracted driving claim. The moments following an accident provide critical opportunities to collect evidence that can help establish liability and prove the other driver’s distraction. Acting quickly and methodically can make a significant difference in the outcome of your claim.

Photographs and Videos From the Scene

Photographs and videos taken at the accident scene can help document the aftermath and provide valuable evidence of the distracted driver’s actions. It’s essential to capture images of:

  • The vehicles involved, including any damage or debris
  • The accident scene, including any skid marks or other signs of reckless behavior
  • Any visible distractions, such as a phone or food, in the other driver’s vehicle
  • Any injuries or damage to property

These visual records can help establish the extent of the damage and provide context for the accident. By documenting the scene thoroughly, you can create a compelling visual narrative that supports your distracted driving claim.

Accident Report

The accident report is an official document that provides a detailed account of the accident, including the events leading up to the crash and the parties involved. The report may include:

  • The officer’s observations of the scene and the vehicles involved
  • Statements from the drivers and any witnesses
  • Any citations issued to the drivers
  • A diagram of the accident scene

The accident report can serve as a crucial piece of evidence in a distracted driving case, providing an objective account of the events surrounding the accident. This document can corroborate your version of events and highlight any immediate observations of the other driver’s distraction.

Expert Analysis and Testimonies

Expert analysis and testimonies can provide valuable insights into the accident and help establish the distracted driver’s liability. These professionals bring a level of expertise that can clarify complex aspects of the accident, making your case more robust.

Accident Reconstruction Specialists

Accident reconstruction specialists are experts who analyze the physical evidence from the accident scene to recreate the events leading up to the crash. They can provide expert testimony on:

  • The speed and trajectory of the vehicles involved
  • The point of impact and the resulting damage
  • Any signs of reckless behavior, such as skid marks or erratic steering

Accident reconstruction specialists can help establish how the distracted driver’s actions contributed to the accident and provide compelling evidence in a distracted driving case. Their detailed analysis can demonstrate the sequence of events and pinpoint the exact moment when the other driver’s distraction led to the car crash.

By gathering evidence at the accident scene and utilizing expert analysis and testimonies, victims of distracted driving accidents can build a strong case and seek the compensation they deserve.

What Damages Are You Eligible for from a Distracted Driving Claim?

After being hit by a distracted driver, you may be owed financial compensation for the losses you have suffered as a result of their negligence. The damages that you may be eligible to collect include:

  • Property damage
  • Lost wages
  • Lost earning potential
  • Medical expenses
  • Pain and suffering

If you are unsure of what damages you may be eligible to collect, a knowledgeable California personal injury lawyer may be able to help by going over the details of your personal injury claim.

Contact an Experienced California Car Accident Lawyer

If you or a loved one has been hit by a distracted driver, you may be owed financial compensation for the losses you have suffered as a result of distracted driving claims. To get help with your claim, contact an experienced car accident lawyer as soon as possible.

Younglove Law Group is a team of California car accident lawyers with extensive experience helping clients who have been hit by distracted drivers. We know that it can be stressful for our clients to try to gather the necessary evidence for their claims while healing from their injuries. That is why we are dedicated to providing clients with the personalized service they deserve. To schedule a free case review, fill out our online contact form or call (949) 691-3660.

December 1, 2021/by younglovelaw
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This was my first time ever having to deal with a personal injury claim. I was recommended YGL through a friend and I’m so glad I called them. They made the claim process so easy, walking me through each step and keeping me informed along the way. I got a great settlement too, thanks Chloe and team!

- Jenine M.

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