Can You Prove Distracted Driving in a Personal Injury Claim?

In a modern society where people can’t seem to put down their phones, distracted driving accidents are becoming more prevalent. This raises the question: if you get into an accident for distracted driving, can it be proven?

Often times, distracted driving discussions are centered around texting while driving. Meanwhile, distracted driving includes talking to passengers in the car, eating, and adjusting or moving things around the car. When your attention breaks to focus on a different activity, it’s distracted and fatal accidents can occur.

Distracted Driving Statistics

According to research published by the NHTSA, at least 7 people were killed and over 1,000 were injured each day in 2018.

• 2,841 people were killed in accidents with distracted driving.
• An estimated 400,000 people were injured in crashes involving distracted drivers.
• Younger drivers are distracted behind the wheel more than other drivers. The age group of 15 to 19 years old held the largest proportion of drivers who were distracted in the event of a fatal crash. 8 percent of drivers between the ages of 15 and 19 were distracted at the time of a fatal accident.

Ways to Prove Distracted Driving

If you or a loved one have been involved in an accident and are filing a personal injury claim, here are a few ways you can prove someone was distracted while driving.

Request access to cell phone records

If you suspect someone was using their phone during the time of an accident, your attorney can issue a subpoena to the cellular company and have them release the driver’s usage reports. You will be able to find out if the driver was sending a text, an email, or using social media at the time of the crash.

Request access to vehicle data

In today’s modern world, some cars have the technology to report the driver’s behavior while conducting the vehicle. This can be accessed by issuing a subpoena. You will be able to see activity inside the car and track any changes in speed before the accident.

Look for eyewitnesses

If someone at the scene is willing to come forward to speak, it could help your case immensely. An eyewitness should be able to make an official statement about how he/she saw the driver being distracted before the crash.

Evidence at the scene

You can get more clues that point to distracted driving by checking video surveillance footage. You can also see if there are any traffic images that show the driver in the act of using his/her phone.

Most importantly, you’ll need the help of an experienced Boca Raton personal injury attorney. They can gather all the evidence needed to prove your personal injury claim.

Is it Illegal to Text and Drive?

Yes, in Florida texting while driving is illegal. In an attempt to reduce the number of distracted driving crashes and improve the safety of drivers, the state of Florida came out with a statute prohibiting wireless device use behind the wheel.

Boca Raton Personal Injury Attorneys

If you were involved in a car accident in Florida and need help proving distracted driving, you came to the right place.

At the Landau Law Group, our experienced personal injury attorneys offer free case evaluations. Contact us online or call us at (866)703-4878 for your free evaluation.

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