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How Can I Prove a Distracted Driving Injury Claim?

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man on phone while driving

Distracted driving has fast become one of the leading causes of car accidents in the United States. Car accidents are serious and can cause major injuries, significant property damage, and even death. The physical and emotional scars from a car accident are long-lasting. Getting into an accident caused by a distracted driver can be even more frustrating because of how preventable these collisions are if the driver had just been paying attention. Each case is different, but it may be possible to prove your distracted driving injury claim, especially with the help of our skilled New Jersey car accident lawyers.

What is Distracted Driving?

Distracted driving is an all-encompassing term to describe anything done in a car that can divert attention away from the road. There are three types of distractions: visual, cognitive, and manual.

Visual distractions are anything that causes you to look away from the road. Cognitive refers to anything that makes you lose focus and take your mind off the road in front of you. Manual is a distraction that requires you to take your hands off of the wheel.

Distracted driving takes form in many different ways. Some examples include:

  • Talking or texting on a cell phone
  • Eating
  • Drinking
  • Changing the navigation system
  • Changing the radio
  • Applying makeup

Some of these may sound harmless, but being distracted for any amount of time while driving can be detrimental to your well-being and others around you.

How Can I Prove the Driver Was Distracted?

Like any case, proving your side comes from providing evidence. If a driver is denying the fact that their distracted driving caused the accident, it can be disconcerting. Gathering evidence to bolster your case is the best way to prove their liability.

Evidence from the scene of the accident will be very influential. Take a look at the police reports and witness statements from after the accident. The driver may have unknowingly admitted to their distracted actions in the police report. Witnesses may be able to corroborate your story if they saw the driver texting, eating, or looking away from the road for whatever reason. If there were cars or stores nearby with security cameras, you may even be able to acquire footage of the accident that could potentially have captured the driver’s actions.

If your lawyer can get ahold of the driver’s cell phone records it could prove their negligence. If there are social media posts, texts, or phone calls made shortly before the accident occurred it could prove that they were distracted.

Physical evidence from their car could also help prove your side. If there was a phone, food, drinks, or cosmetics thrown about the interior of their car it could show that they were holding or using those objects when the accident took place.

Proving that the driver was distracted and caused your injuries can result in a settlement with compensation so you can cover your medical bills, lost wages, emotional distress, and more. Getting the justice you deserve is paramount.

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