Improper and outright unsafe decisions are the underlying cause of many serious car crashes. For example, some people choose to drive home after drinking too much at a bar or sporting event. Other times, motorists exceed the speed limit, fail to yield to others or even fall asleep at the wheel because they try to drive for 15 hours straight.
Distracted driving has become a major safety concern in recent years. Specifically, incidents involving mobile technology have surged as smartphones have become standard. The people involved in collisions caused by distracted drivers may have seen them with their phones in their hands. In some cases, people even admit to distraction immediately after the crash. However, they may change their story when police officers arrive and start putting together a report.
How can those trying to hold distracted drivers accountable need to conclusively prove that distraction was the reason for a recent crash?
Some distractions are verifiable
In scenarios involving digital distraction, it might be possible to prove that a driver had a mobile device in their hand when the crash occurred. Police officers investigating collisions can sometimes obtain records from mobile phone companies or service providers that prove someone received or sent data immediately prior to a wreck.
There might even be video footage from traffic or dashboard cameras showing them using the device. Unfortunately, there are many reasons why proof of digital distraction could be hard to acquire. In some cases, the distraction may not have involved a mobile phone but instead a cheeseburger or a conversation with a passenger. In those scenarios, conclusively proving distraction can become even more difficult.
Distraction leads to mistakes
Distraction may be the underlying cause of the crash, but it isn’t technically why the collision occurred. The driver didn’t yield, failed to communicate or otherwise made a mistake while driving because of their distraction.
Those hoping to hold a motorist accountable don’t necessarily need to prove that distraction was the underlying cause of a wreck. They simply need to show that inappropriate conduct on the part of the other driver was to blame. Even if they cannot establish that someone used their phone, they can prove that they merged without using their turn signal or checking their blind spot.
When another driver breaks the law or drives negligently, they may ultimately be at fault for a collision and liable for the expenses generated. Reviewing the circumstances leading to a car crash with a skilled legal team can help people plan a response that holds the other party accountable.