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How can I show a driver was distracted?

Home / Firm News / How can I show a driver was distracted?
May 13, 2020
Firm News

We’ve all seen crazy behaviors on the road. From drivers eating full meals to people applying makeup while traveling at a high rate of speed, it’s a wonder how any of us ever make it to the end of the day.

It’s one thing to witness a distracted driver. Proving it is something else entirely. However, there are steps you can take to gather evidence of distracted driving to help strengthen your injury claim.

Distracted driving accidents are an ongoing problem

Although Florida has taken steps to limit distracted driving behaviors, it is still an ongoing problem. For personal injury purposes, the action doesn’t have to be illegal to hold a driver liable for negligence. Any behavior which takes a driver’s attention away from the road, resulting in an accident and injury, is negligent. Some common examples of distracted driving include:

  • Using an electronic device
  • Eating or drinking
  • Talking to other passengers
  • Playing with the car stereo
  • Reading

Hopefully, the driver will stop engaging in these behaviors once the accident has occurred, although stranger things have happened. Proving the driver was distracted becomes a challenge. However, there are ways to do so.

Gathering evidence

If there are any eyewitnesses to the accident, it’s important to gather their contact information. Your claim is stronger with witness testimony. If a cellphone caused the distraction, electronic records could help prove the driver was using the phone at the time of the accident. In some cases, expert testimony can help strengthen your claim.

Holding negligent drivers accountable

All drivers owe one another a duty of care. Distracted driving is unreasonably dangerous. Holding reckless drivers accountable for their actions is important. You should discuss your options with a skilled professional.

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    • Blog
    • Home
    • Our Attorneys
      • Douglas W. Tuttle
      • Dana C. Larsen
      • Jesse H. Larsen
      • Caroline I. Mockler
    • Practice Areas
      • Bicycle Accidents
      • Criminal Defense
      • Dog Bite Accidents
      • Motorcycle Accidents
      • Motor Vehicle Accidents
      • Pedestrian Accidents
      • Premises Liability
      • Slip-And-Fall Accidents
      • Traumatic Brain Injuries
      • Trucking Accidents
      • Wrongful Death
    • Results
    • Reviews
    • Holiday Card Contest Winners
    • Contact