We’re now familiar with some ready made excuses to explain distracted driving when drivers have been busted. None of which worked. But, it leaves the question, “Can distracted driving be proven?”
Yes, it can, and quite easily. Every call or text that goes through your phone is logged in your phone record. If anyone thinks cell phone use contributed to the accident, those records may be subpoenaed. A witness may have noticed the driver looking down right before the accident. In this day and age, it’s not a big leap to think the driver is checking his or her cell phone. If the claim becomes a lawsuit, cell phone records can be subpoenaed by the victim’s lawyer. Chances are, if there’s a call or text logged right about the time of the accident, the negligent driver will have a tough coincidence to explain. Because of the reach cell phones have in our lives and how often they factor in accidents, many jurors will think that a person looking down is on the phone instead of driving, even if the cell phone records don’t exactly correspond with the accident’s timing.
Other indicators of distracted driving can be a lack of skid marks, location of damage, and other evidence expertly assessed. Increasingly, data recorders are installed in vehicles, similar to an airplane’s black box, which track speed and braking. We may not have as many dash cams as Russian drivers but the technology is there, and commercial vehicles are more apt to have them running to keep an eye on their drivers.
If you have been involved in a vehicle accident and feel that the driver who hit you was distracted, call Bill Coats Law. We have been helping victims of drunk and distracted drivers for over two decades, and know how to get fast, fair and full settlments – even if that means going all the way to court. Contact our firm today here or call 360-392-2833.