Assigning fault for a car crash is an important part of the recovery process. A driver who caused a wreck through regulatory violations or negligent behavior is usually liable for any harm they cause others.
One of the more common reasons for collisions is distraction. Thousands of people die every year because of distracted driving, and tens of thousands of people sustain injuries in distraction-related wrecks. Motorists reading or composing text messages simply cannot give their full attention to the management of their vehicle as they should.
How can those involved in crashes caused by distracted drivers prove that interacting with a mobile device was the underlying cause of the wreck at issue?
There are multiple sources of evidence
People harmed by distracted drivers can convey their suspicions to law enforcement professionals. Police officers putting together a collision report may be able to access certain evidence that supports those claims.
For example, traffic camera footage showing a driver with their device in their hand could prove that distraction was the cause of the crash. Police officers may also be able to secure security camera footage from nearby businesses or residences. Other motorists nearby when the crash occurred may have had dashboard cameras that captured information about the wreck.
Requesting data about device use from mobile service carriers or the companies that manage major apps could also be an effective solution. Even if a driver attempts to delete certain records from their device, the service provider or company managing the apps they used has records of their activity.
Proving distraction isn’t always necessary
Verifying that a motorist used a digital device and caused a crash is certainly helpful, but it is not always strictly necessary to show that one driver was at fault for a collision. The people affected by the collision only need to prove that a driver failed to follow traffic laws.
Mistakes caused by distraction, such as rolling through a red light or ignoring stopped vehicles in front of them, are typically violations of traffic statutes. Actual evidence of distraction is not always necessary to establish that a driver was at fault for a collision if it is clear they did something unsafe on the road.
Reviewing the circumstances of a recent car wreck with a skilled legal team can help those involved hold the right party or parties accountable. Distracted drivers are often liable for the collisions they cause, even when there isn’t immediate proof of their digital activities.