The Law Offices of John M. McCabe, P.A.
Free Initial Consultations
Toll Free: 877-320-1851 | Phone: 919-899-9852
Call Us Now

How do you prove distracted driving a cause of a car accident?

Despite a driver's best efforts in the Cary area, an accident can still occur. Lately, many of these accidents have been caused by a distracted driver. With almost everyone owning a smart phone and having a social media account, texting, checking social media platforms, and even emailing have caused drivers to take their attention off the road. Any time a driver takes his eyes off the road, even for a second, there is a risk for a serious car accident.

If a car accident victim believes the accident was caused by a distracted driver, there are some ways that can be proven. Distracted driving is illegal and if a person causes an accident while they are distracted they can be held liable. First, the police report is an important document that can contain a lot of useful information. The report spells out the circumstances of the accident and can list what caused the accident.

If a driver noticed someone on their cell phone and causing the accident they should let the police officer know so that it is included in the report. Another way to prove a person was distracted is if they admit it. Some drivers will apologize for causing an accident and saying they were texting or dialing a phone number, etc. In addition, there can be witnesses who see a driver engaging in distracted behaviors such as texting, talking, or seeing other people in the car who can later be used to testify about distracted activities that were going on in the car.

Cell phone records can be used in court to show if a driver was using their cell phone at the time of the accident. In addition, there can be video evidence as well from surveillance cameras, cell phone video from witnesses, or police dash cam video.

A legal professional who is skilled in personal injury can help their client who may be recovering from a serious accident caused by a distracted driver. They understand that their client may now be facing unexpected medical expenses along with lost wages all while trying to physically and emotionally recover from an accident. An attorney can investigate the cause of the accident and hold the negligent party responsible for their mistake.

Distracted driving remains a major cause of accidents in North Carolina. Those who have been injured by a distracted driver have the legal right to hold them responsible.

No Comments

Leave a comment
Comment Information

Here's what other attorneys are saying...

"John is a great lawyer who works super hard for his clients. The results he obtains for his clients are phenomenal." - Brian Davis

Read More

John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

  • Rated by | Super Lawyers | John M. McCabe |
  • Avvo Rating 10.0 superb | Top Attorney Personal Injury
  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
  • The Verdict Club | VC | Premier Trial Lawyers
  • Best Law Firms in North Carolina 2018
  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers
  • Best Lawyers | Best LAw Firms | 2019

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Office Location

The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

Toll Free: 877-320-1851
Phone: 919-899-9852
Fax: 919-833-3371
Cary Law Office Map