Can I Prove That the Other Driver Was Distracted?

Distracted driving is one of the leading causes of accidents in Georgia, and the problem is only getting worse. If you or a loved one have been injured in a distracted driving accident, the aggressive Atlanta car accident attorneys at Hall & Lampros, LLP can help you recover financial compensation.

To win a car accident case, you need to prove that the other driver was negligent. While the results of distracted driving are certainly negligent, it may also help your case to prove the cause. Our car accident lawyers can work to obtain additional proof that the driver was distracted when it can help your case.

Call our lawyers today or message us online to discuss your case and the potential for you to receive a settlement check for your injuries. We are standing by and ready to fight for you.

You Only Have to Prove Negligence in a Car Accident

You may not have to prove that the other driver was distracted. Remember that your legal obligation in a car accident case is to prove that the other driver was negligent. Distracted driving is the cause of the driver’s actions, but the effect alone could be enough to prove negligence. For example, if the driver rear-ended your car because they were looking down and did not see you stopped ahead, the fact that they crashed into you alone could be enough to prove liability for the accident. The same thing goes if the other driver drifted into your lane and sideswiped your car.

However, there are times that you may need to demonstrate that the driver involved in the crash was distracted. You may be involved in a situation where you do not have any witnesses to the crash, and each driver is telling their own story about what happened. Then, you may need other evidence that can break the logjam, since you are the one who needs to meet your own burden of proof to qualify for financial compensation.

The police officer could have shown up to the scene and issued the driver a citation for using a mobile device when driving, which would make your job much easier. Unfortunately, car accident cases are not always made that simple for you. It may require more evidence to persuade the other driver’s insurance company when the liability determination is being made. Here, you may be able to obtain the other driver’s cell phone records, assuming that their mobile device was the source of the distraction.

You May Be Able to Access the Driver’s Cell Phone Records

It is possible to gain possession of the driver’s phone records, but it is not always an easy process. Phone companies are very sensitive to privacy issues and their own potential liability when they give up their customer’s records. Still, your car accident attorney can go through the courts to get your hands on these records. Using the authority of the court, you can obtain a subpoena that would leave the phone company with no choice but to share the records with you. The cell phone records could reveal that the driver was talking on their phone or was sending or receiving a text at the time of the accident or in very close proximity to it.

Not only can proof of distracted driving break the proverbial “truth contest,” but it can also put you in a stronger position when it comes to negotiating a settlement with the insurance company. If you have evidence that shows their driver was on the phone, they would be afraid to take your case much further. An angry jury may even award you more money than you would otherwise get in a settlement, and the insurance company is mindful of that.

There May Be Other Ways to Prove Distracted Driving

Cell phone usage is not the only way that a driver can be distracted behind the wheel. They could also be engaged in conversation or eating when they were driving. Here, what you are able to notice or get testimony about at the scene of the accident is crucial. However, there is only so much that you can do at the scene of the accident because you are both distracted and potentially dealing with physical injuries. Thus, it is crucial to hire a car accident lawyer who can investigate and piece together your accident.

Contact an Atlanta Car Accident Lawyer Today

If you have been injured in a car accident, get legal help from the experienced Atlanta car accident lawyers at Hall & Lampros. We offer free consultations, and you can schedule one by sending us a message through our website or by calling us today at 404-876-8100. It costs nothing to speak to a lawyer, and you owe us nothing unless you win.