Distracted driving is a pernicious problem. When you look at nearby vehicles, it is common to see drivers who are texting, talking on the phone, eating, and engaging in other activities that increase the risk of accidents.
Whether you noticed that the driver who caused the accident was distracted or you suspect the driver was not focused on the road just prior to the crash, there are steps you can take at the scene to begin proving your claim. You should also speak to a distracted driving accident attorney as soon as possible.
The attorneys at The Flood Law Firm can help you prove the negligence of the distracted driver and pursue the compensation you deserve for your injuries and damages. Contact us today for a free case review.
Pictures document the aftermath of a car accident. They should reveal the damage to your vehicle, the injuries you have suffered, and the damage to the road surface, as well as the location of the accident and conditions when the crash occurred.
Expert analysis of these photos may reveal details imperceptible to a layperson. For example: The absence of skid marks behind the other vehicle indicates that the driver failed to apply the brakes in time, potentially supporting your claim that the driver was distracted.
If you noticed that the driver appeared to be distracted before the accident occurred, witness testimony can help corroborate the observation. Perhaps more importantly, astute witnesses can help fill in the blanks if you are unsure what caused the accident – including whether distracted driving was a factor.
Seek out anyone at the accident scene and ask them if they saw what happened. Take down the name and contact information for each witness you interview so you have a record of people who may be able to help you build your claim.
Whether you saw that the driver was distracted or witnesses inform you of the same, the police need to know what happened. The police officer who arrives on the scene will take your statement and use the information you provide in investigating the accident.
The police report may include a preliminary conclusion on what caused the accident. If the police report concludes that distracted driving was a factor and/or the other driver was cited for violations of the law banning handheld cell phone use when operating a vehicle, this information is crucial for establishing the liability of the distracted driver.
As you recover from your injuries, you may remember important details about the accident that did not immediately occur to you. If you recall that the at-fault driver was talking on the phone, texting, or otherwise preoccupied just before the crash, this information is crucial for a potential accident claim.
Many accident victims find it helpful to keep a journal. Journaling can help you work through the physical, mental, and emotional trauma of the crash, as well as help you organize your thoughts and determine what to do next.
Given the role that cell phones commonly play in distracted driving accidents, it is unfortunate that one of the most important pieces of evidence – the driver’s cell phone records – are unavailable to you. Hiring a car accident lawyer can help you overcome this challenge.
Your attorney can subpoena the cell phone records of the driver who is suspected of causing a distracted driving accident. Crucially, these records show the times that text messages are received and sent from the phone, as well as the time and duration of phone calls.
If cell phone use was a factor in the distracted driving accident, consulting an attorney is crucial for collecting digital evidence and proving your claim.
To prove a case on your behalf, your lawyer may also enlist expert witnesses to assess the available evidence and perform independent investigations. Accident reconstruction, photographic analysis, and other expert testimony can be enormously helpful, especially if your case goes to trial.
Distracted drivers need to be held accountable when they cause accidents. Although there are steps you can take at the scene of the accident to start proving your case, there is simply no substitute for knowledgeable and aggressive legal representation.
The Flood Law Firm has extensive experience representing clients who have been injured in a wide range of car accidents. Every member of our team is a true believer in our mission to overcome the challenges presented by insurance companies and recover the compensation our clients deserve.
Insurers know our reputation for fierce advocacy, enabling our attorneys to negotiate higher settlements than many other law firms. We also take cases to trial if it means achieving a superior result on our clients’ behalf.
Please call The Flood Law Firm at (860) 346-2695 today for a free case evaluation. Our distracted driving accident attorneys serve clients throughout Connecticut from our offices in Middletown, Danbury, Waterbury, and Bridgeport.