Distracted driving is an ongoing problem on California’s roadways. People who text and drive or engage in other types of distracted driving are creating an unnecessary and dangerous hazard for themselves and others on the road. If this type of driver negligence causes a crash in the Sacramento area, do you know what evidence could prove distracted driving as the cause?
At Arnold Law Firm, we have been advocating for injured victims in Sacramento for decades, including those injured by the negligence of other drivers. In this blog post, we explore the types of evidence that can help your attorney to prove a California distracted driving crash case.
Injured by a distracted driver? If so, our experienced vehicle crash lawyers in California have extensive knowledge of state and local laws about distracted driving. We have the staff and resources to thoroughly investigate the events leading up to your crash. If your case has merits, we are prepared to gather the evidence needed and seek full and fair compensation on your behalf.
Call Arnold Law Firm to request a FREE case review. (916) 777-7777
Distracted driving crashes in Sacramento are challenging to prove without the help of an attorney. Additionally, you will need evidence that establishes that a car crash was caused by a distracted driver.
Strong evidence that could help to support your claim of a distracted driving crash includes:
After a motor vehicle accident, law enforcement officers typically create an official police report. These reports contain these and other details about the crash:
If the distracted driver was cited for any violations, such as texting while driving or running a red light, this can serve as crucial evidence of their negligence.
Eyewitnesses are often one of the most valuable sources of evidence in distracted driving crash cases. People who observed the accident may be able to provide firsthand accounts of the at-fault driver’s actions just before the collision. This could include details about phone usage, eating, or other distracting activities. Testimonies from credible witnesses can help establish a clear timeline of events. They can also provide critical insights into the distracted driver’s behavior prior to the crash.
In cases involving cellphone use as a distraction, your attorney will likely obtain the at-fault driver’s cellphone records. If these records show the driver was using their phone at the time of the accident, it can be instrumental in proving liability for the crash.
Text messages, call logs, and internet activity on the driver’s smartphone can all help to provide a clear picture of the driver’s actions leading up to the collision. It is important to secure this evidence right away. Cellphone companies may not retain records for very long.
Videos provide compelling evidence in distracted driving cases. Whether dashcams, traffic cams or other surveillance videos from nearby businesses or intersections, the footage may have captured the moments leading up to the accident. If available, this footage could show the at-fault driver’s behavior, including texting or other distracting activities, providing indisputable proof of their negligence.
Many modern vehicles are equipped with event data recorders (EDRs) or “black boxes.” These devices capture various data points related to a vehicle’s operation. For instance, it could show speed, braking, and steering inputs. In some cases, the EDR data can help establish how the distracted driver’s actions contributed to the crash. This evidence can be invaluable in reconstructing the accident and determining fault.
Photographs and videos taken at the accident scene can help document the aftermath and reveal evidence of distraction. This might include spilled food or drink, phone or electronic device usage, or other visual indicators of driver distraction. Collecting such evidence as soon as possible is essential, as the accident scene may be cleaned up or altered over time.
In complex cases, it may be necessary to consult with expert witnesses who can provide further insight into the mechanics of an accident. This approach can also provide visual clarity about the effects of distraction on a driver’s ability to operate a vehicle safely. Accident reconstruction experts, medical professionals, and human factors experts can all offer their expertise to help establish liability.
In the aftermath of a distracted driving crash, both sides will need to see your medical records. These records can help link the injuries you sustained to the accident and the distracted driver’s actions. This is why it is important to seek immediate medical care after the crash. That visit, your injuries and the doctor’s diagnoses will all be added to your medical records.
Medical records are considered strong evidence, and this documentation can be vital in proving the extent of the harm you suffered in the crash.
Statements from both drivers are valuable pieces of evidence. The at-fault driver may admit to being distracted or engaging in risky behaviors, such as texting, in their statement. Victims can provide their account of what happened, which may in turn be supported by other evidence. When giving a statement, however, it is important to stick to the basic facts of what happened until you speak with your attorney. Never apologize or claim fault as this could significantly damage your ability to get full compensation for your damages.
In today’s digital age, a distracted driver’s online presence can provide insights into their behavior leading up to the accident. Checking social media accounts, posts, and timestamps can help establish a timeline of their activities and potential distractions in the moments before the crash.
In more complex cases, it may be necessary to depose witnesses, including experts and individuals who can provide additional context to the accident. Depositions can help gather detailed information and testimonies, which can be used during legal proceedings.
Analyzing the damage to the vehicles involved in the crash can provide valuable evidence of the force and direction of impact. This can be used to reconstruct the accident and determine how the distracted driving behavior contributed to the collision.
Obtaining the text message and call records of the at-fault driver can help prove distracted driving. If these records indicate that the driver was using their phone at the time of the crash, it can be compelling evidence of their negligence.
The at-fault driver’s previous driving history, including any prior citations for distracted driving or other traffic violations, can be relevant in establishing a pattern of reckless behavior.
After being injured in a distracted driving crash in California, we encourage you to reach out to a licensed injury attorney without delay. At Arnold Law, we are prepared to manage your case every step of the way so you can fully focus on your health.
Our legal team is prepared to guide you through the legal process, help you gather the necessary evidence, and fight to protect your rights and legal interests. If we represent you, we will work tirelessly to recover fair compensation for your injuries and losses.
Millions Recovered. Proven Results. (916) 777-7777
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