Distracted drivers are responsible for thousands of traffic fatalities, and the percent of accidents caused by a distracted driver continues to grow. In 2020, according to the NHTSA, about 3,000 fatalities were caused by distracted driving. If you or a loved one’s life has been affected by a distracted driver, you may be entitled to compensation.

If you were recently hurt in an incident and you think distracted driving played a role, you’re probably wondering how go to about pursuing funds for your own damages. Compiling evidence of liability is a good place to start. Let’s take a look at what evidence could be important for your case:

  1. Car Computer Data

Most passenger vehicles are equipped with data recorders, or “black boxes,” which log multiple variables. Following a wreck, accident reconstruction experts may piece together what happened by reviewing the data from the car computer. If the log shows the motorist who struck you didn’t try to avoid the collision - you may be able to make the case that they were not paying attention.

2. Eyewitness Testimony

Other motorists who were in the vicinity at the time—or their passengers—may have witnessed signs of distracted driving. They might have noticed the vehicle drifting out of its lane, for example, or maybe they saw the driver ignoring traffic signals.

3. Cell Phone Records

Using a mobile device is one of the most common driving distractions. (it’s also one of the most dangerous.) If you have reason to believe the motorist who struck you was texting and driving, your legal team may reach out to their phone carrier and request copies of their records.

If these records show the motorist was sending messages in the minutes leading up to the crash, it’s reasonable to assume they were not paying attention to the road at the time.

4. The Official Police Report

Contained within the official police report should be the responding officers’ impressions of the scene. That means if they suspected distracted driving, they may have noted it in the crash report.

5. Dash Camera Footage

If the collision was captured by one or more dash cameras mounted on vehicles in the vicinity, the footage could be integral to your claim. Depending on the quality of the recordings, they may show the at-fault motorist glancing anywhere but at the road prior to the crash. The cameras may have even captured the driver using their cell phone while behind the wheel. If there is any available footage, however, it’s important to remember that it’s only a matter of time before it will be overwritten.

If you were involved in a collision with a distracted driver, you may even be entitled to punitive damages, depending on the circumstances. An experienced personal injury attorney can help you look at all potential recoveries.

If you or a loved one have been injured due to someone else’s negligence, you deserve an attorney that will fight for the compensation you deserve to cover your medical bills, pain, financial loss, and other damages. You may only need an attorney once in your life, and if you do, we are here, right here, fighting for you.

Call Castle Law Office at 816-842-7100 or you click here to email us.
Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City
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