How to Prove Distracted Driving in a Car Accident Claim

Despite widespread awareness campaigns launched by Florida authorities, distracted driving remains one of the leading causes of traffic accidents. If you were injured by a distracted driver and want to file a car accident claim against their insurance, you will need to prove their fault. An experienced Hollywood car accident lawyer is the most helpful ally in this situation.

When it comes to proving distracted driving, the following types of evidence are extremely important:

Police Report

The accident report prepared by the police officers who investigated the crash is one of the most important pieces of evidence in any car accident claim. Law enforcement officers are trained to observe and interpret dents in vehicles, skid marks and any other signs after an accident.

They will also ask both drivers several questions and, with probable cause, administer breath tests. The findings of the officers may include their professional opinion that one of the drivers was distracted.

Physical Evidence

In many cases, the evidence of distracted driving can be seen clearly in the other driver’s car. Food wrappings, water bottles or grooming items (hairbrush, comb or makeup) indicate that the other driver was doing something else while behind the wheel.

You should hurry up and photograph these items in the other driver’s car immediately after the crash. As soon as they realize that you’ve noticed them, the other driver will put them away in the glove compartment and deny being distracted.

Eyewitness Testimonies

Eyewitnesses may have seen the entire sequence of the accident, including the moments leading to it. They can attest to the fact that the other driver was using their mobile phone, fumbling with the entertainment panel in the dashboard or looking at the passengers in their car and talking to them.

Since they are total strangers, they cannot be suspected of being biased in your favor. An insurance adjuster cannot find any reason to reject this type of evidence in your car accident claim.

texting and driving is illegal in Florida

CCTV Camera Footage

After you hire a Hollywood car accident lawyer, one of the first things they will do is visit the crash scene to look for CCTV cameras. The images they recorded may clearly show the other driver being distracted behind the wheel.

This type of evidence is increasingly important as video cameras become more powerful and capable of recording clear images even at high speed and during the night. Therefore, just a few seconds of video recording can prove your case and ensure that you get fair compensation.

The Other Driver’s Mobile Phone Log

Texting and driving is the most frequent instance of distracted driving. After a crash, your attorney will likely contact the other driver’s mobile carrier and ask for a copy of their phone log.

This log details the entire activity – including phone calls and texts, with the corresponding timestamps, down to the second. With such a detailed and reliable piece of evidence in hand, the attorney will be able to persuade the other driver’s insurance company to settle your claim for a fair amount.

Bring Your Evidence to a Skilled Hollywood Car Accident Lawyer!

Proving distracted driving is challenging, but not impossible. You need to be diligent and document the crash scene and make sure to obtain a copy of your accident report. Armed with this evidence, contact an experienced Hollywood car accident lawyer and let them investigate your case.

If you have a valid car accident claim, the attorney will represent you on a contingency fee basis and continue searching for relevant evidence.

At the Klotzman Law Firm, you can be sure that your case is in good hands and you will obtain fair compensation for your damages. Call us today to schedule a free case evaluation at 954-807-4475!