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

| Feb 1, 2019 | Car Accidents

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.


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