New York Car Accidents: How Do You Prove the Other Driver Was Distracted?

Distracted driving is growing a public safety problem in our region. As reported by the National Highway Traffic Safety Administration, distracted driving is the leading cause of property damages and personal injury crashes. If you were seriously injured in a distracted driving accident, you can step outside of New York’s traditional ‘no-fault’ system and hold the negligent driver liable for your injuries. You may be wondering: What can I do to prove distracted driving? Here, our car accident lawyers highlight the most common types of evidence that are used to prove fault in a distracted driving accident case.

Proving Distracted Driving: Five Common Types of Evidence

  • The Accident Report

The accident report is an important form of evidence in many distracted driving accident claims. Following a serious collision, a police officer should be dispatched to help control the scene and document the crash. In the official accident report, the officer may note that the crash occurred because of distracted driving. In some cases, a driver may even be cited for texting-while-driving or another type of moving infraction.

  • An Admission Against Interest By the Driver

In some cases, negligent drivers admit their culpability—either intentionally or unintentionally. This is sometimes referred to as an ‘admission against interest’ and it can be a valuable form of evidence in a legal dispute. Even if the driver later retracts the statement, it is still relevant.

  • Witness Testimony

Third party witness testimony comes in many different forms. A witness could be a passenger in the other driver’s vehicle who admits that there were distractions. Alternatively, a witness may be a person in another vehicle with the ability to attest to the fact that they saw the driver engaged in distracted driving immediately prior to the crash. Regardless, it is crucial that injured victims track down witnesses.

  • Cell Phone Records

Cell phone records may be relevant. Two of the most common examples of distracted driving include talking on the phone while driving and texting while driving. An experienced distracted driving accident attorney can help you get access to cell phone records that can be used to prove that a driver was negligent while behind the wheel.

  • Accident Reconstruction

In highly complex cases, accident reconstruction experts are brought in to help analyze the crash. Your lawyer can help connect you with an expert who can determine the most likely reason why your crash occurred. The assessment of a qualified expert witness can help to prove fault in a distracted driving accident case.

Call Our Motor Vehicle Accident Lawyers for Help

At Richmond Vona, LLC, our distracted driving accident attorneys are aggressive, results-driven advocates for victims. We can help you prove liability and recover full and fair compensation for distracted driving accident injuries. To schedule a free, no strings attached consultation, please contact us now. We represent auto accident victims throughout Western New York, including in North Tonawanda, Williamsville, Springville, Lake Erie Beach, Medina, and Brockport.