If you are wondering how to prove that the other driver was distracted after a car or truck accident, then this article is for you.
Distracted driving is hazardous, yet people engage in it every day on the roads of New Mexico. When someone takes their attention off the road and causes an accident, it can result in severe injuries or loss of life. If you were injured, you should not have to pay for their negligence.
While you can file a claim against their insurer, they can deny it totally or partially if you cannot prove that distracted driving occurred. In many cases, it is your word against their policyholder’s word. Ensure that you gather and preserve the evidence you need to negotiate a fair settlement or civil award for your injuries.
In This Post
In this article, I discuss the types of evidence you need to preserve after an accident to prove your case. However, admissible evidence may be challenging to obtain without the help of a car accident lawyer. Always reach out to us if you need legal advice for your specific situation.
How to Prove the Other Driver Was Distracted? With Evidence.
Generally speaking, a single piece of evidence is insufficient when proving distracted driving. Even police reports can be challenged if it is the only standing form of proof. The best way to prove distracted driving is by packaging a demand to the insurance company based on several pieces of evidence that demonstrate a consistent story.
Hiring a car accident attorney in New Mexico will help you accomplish this challenging part of negotiating a fair insurance settlement. We will investigate the circumstances and facts of your case and use our findings to corroborate them. Our legal team also can issue subpoenas if necessary.
Here are six types of evidence that can help you prove distracted driving:
1. Cell Phone Evidence
When a motor vehicle driver is talking or texting on his or her cell at the time of your accident, your attorney may subpoena their cell phone records as evidence. In some cases, the police officer may confiscate the phone at the accident scene and provide additional proof that you can use to your advantage.
Related resource: Download a copy of the U.S. Department of Justice’s Report “Admissibility of Forensic Cell Phone Evidence.”
2. Eyewitness Statements
Individuals who saw the accident, or “eyewitnesses,” might be willing to testify about the events that they saw around the accident scene. From passengers to pedestrians to other motorists, eyewitnesses can provide valuable evidence if they saw the driver engaging in distracted driving.
3. Motor Vehicle Data
Newer motor vehicles come equipped with a computer system built into them. If the driver was not paying attention and using electronic controls instead, such as the radio, there could be a digital record of the event. The same vehicle data could also produce proof of safety violations or aggressive driving.
4. Expert Witness Testimony
For more complicated accidents and severe injuries, an attorney can hire an accident reconstruction expert to provide testimony that explains how the accident occurred. There could be physical evidence in his or her findings that demonstrate distracted driving was the cause of your accident and subsequent injuries or loved one’s death.
5. Police and Accident Reports
When police respond to a vehicle accident involving bodily harm or death, the responding officer will include their observations and findings regarding distracted driving. Some at-fault drivers blatantly admit that they were distracted while speaking with the officer. As such, your attorney will obtain all law enforcement recordings and may call upon the officer to provide his or her testimony.
6. Photo and Video Evidence
At times, photo and video evidence can prove distracted driving. Traffic and surveillance cameras and people recording in the area can become a vast resource of proof. If you are physically able to do so, taking photos or video of the accident scene may help your case, but only if it is safe to do so.
Related resource: Read our blog post, “What Evidence Do You Need to Prove a Car Accident Injury?“
Schedule Your Free Case Evaluation Now with a Car Accident Lawyer
If you want to learn more about proving distracted driving after a car accident, the most practical place to begin is by seeking an attorney’s advice in New Mexico. We can provide you with information and guidance regarding your legal options so that you avoid common mistakes.
Hiring a law firm will also give you the chance to focus on your physical recovery while we concentrate on negotiating with the insurance company. If they are not willing to pay you the money civil laws provide, then your car accident lawyer can take your case to civil trial if necessary.
A strict legal time limit known as the statute of limitations applies to New Mexico distracted driving claims, which means that you will want to speak with a car accident attorney as soon as possible. Contact Grano Law Offices, P.C., and schedule a Free Case Evaluation now by calling (505) 426-8711 or message us about your case using the form below. If you hire us, we will not charge you any attorneys’ or legal fees until we win your case.
