Some crashes occur because of factors beyond the control of the drivers involved, while others are clearly the responsibility of someone’s bad decision. Choosing to drive while distracted is one of the most dangerous bad decisions someone can make.
If you are in a crash caused by a driver who you believe was distracted at the time of the crash, you may need to gather evidence in order to hold them accountable for distracted driving and get compensation for your property damage losses and medical costs.
Cellphone records can help in some cases
Although an individual can theoretically delete records on their phone related to sending a text message, being on a phone call or posting on social media, the records maintained by the cellphone provider will remain intact even if someone deletes records from their phone. Either the police or an attorney can potentially submit a legal request for cellphone records that can help substantiate claims of distraction.
Witnesses, dash cams and security cameras can also help
Not all forms of distraction involve mobile phones. In fact, there are numerous ways that a driver could be distracted while behind the wheel. Eating, grooming, conversing with passengers and even singing along with music are all examples of distractions that could eventually lead to a crash.
Talking with those who witnessed the collision, looking for nearby vehicles with dashboard cameras or asking businesses or homeowners if they have security cameras pointed toward the crash or the road near where the crash occurred could help you prove that the driver was doing something other than driving prior to the crash. An experienced attorney can help gather this evidence and seek the compensation you need and deserve.