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5 Ways to Prove Distracted Driving in a Texas Motor Vehicle Accident

by | Sep 17, 2022 | Car Accidents

Whether you’re bumper-to-bumper in the evening rush home or one of a few motorists on a lazy afternoon, there is always a chance you can experience a car accident. Motor vehicle accidents are constantly frustrating dilemmas to face, especially if the other driver was at fault as a result of driving while distracted. Fortunately, there are many ways to prove distracted driving for a successful car accident claim. 

Though it may be clear to you that the other driver was distracted, more evidence may be needed to support your personal injury claim. Fortunately, you can hire a lawyer with the knowledge and skills to determine what distracted the motorist who struck you. The attorneys at Mott & Moffett have successfully advocated for their clients’ auto accident claims by skillfully utilizing their legal experience and resources. 

5 Ways to Prove Distracted Driving in a Texas Motor Vehicle Accident

A distracted driver’s negligence entitles you to seek damages for your losses, so successfully proving their distraction is crucial. Though demonstrating distracted driving can be challenging, with the right evidence and arguments, you can build a solid claim to ensure you are compensated fully and the liable party is held accountable for their negligence. 

There are several possible sources of evidence to back up your claim, though note that these methods are easier to secure with the guidance of a lawyer.

Provide Official Eyewitness Statements and Testimonies

A statement from a third party with nothing to gain from sharing what they saw is valuable evidence that can support your claim. An eyewitness may state they saw the other driver driving carelessly just before the collision, revealing that the vehicle was drifting, swerving, or speeding beforehand. Even more convincing evidence of inattentive driving could come from an eyewitness who may have seen or recorded the accident.

Use Their Cell Phone Records from the Time of the Accident

Cell phone records can prove the other driver was taking a call, texting, or posting on social media at the time of the accident. A lawyer has the authority to request cell phone records from the negligent driver’s cell phone provider after a lawsuit has been filed. 

This evidence would support the claim that the other motorist was distracted by their phone when the collision occurred, demonstrating that their distraction caused them to be at fault.

Reaching Out to Accident Reconstruction Experts

Reconstruction and expert opinions are valuable for demonstrating the cause of an accident and proving the other driver’s negligence, including in distracted driving cases. Not many people consider accident reconstruction as a method of obtaining evidence for their auto accident claim, but it can be beneficial.

By showing that the at-fault motorist did not swerve or apply the brakes before the impact, an accident reconstructionist may be able to prove distracted driving could have led to your accident. Not swerving or applying the brakes imply that the other driver’s attention was diverted while behind the wheel.

Present Footage From Video Surveillance Cameras

Video surveillance and traffic camera footage may be tricky to obtain, but they can be a great way to present concrete evidence that supports your account of the accident. Depending on the camera’s quality and angle, you may see the other driver on their phone, eating, or doing something else that’s taking their attention off the road. 

Even if the footage does not clearly show the other driver being distracted, the camera may have captured the vehicle moving in a manner consistent with inattentive driving. You may obtain camera footage from nearby businesses’ security cameras, traffic cameras, or the phone camera of bystanders.

Use the Negligent Driver’s Statements Against Them

Surprisingly, driver admission has also been an effective method in proving distracted driving. You could construct a compelling argument using the other driver’s statements to prove they were driving while distracted.

When people are giving their statements, they often describe events as they occurred. Whether intentionally or unintentionally, sometimes drivers admit they were doing something else while driving. Also, they may make statements that suggest their eyes were not on the road, such as admitting they didn’t see the other driver coming.

Partner With Experienced Texas Car Accident Attorneys to Prove Your Claim

On your path to recovery, recovering compensation is essential. Gathering evidence and constructing arguments is challenging, requiring in-depth knowledge of the legal process and access to quality sources. Partnering with experienced Texas car accident attorneys may be the best method to prove the other driver’s liability.

At Mott & Moffett, we will collaborate with you to develop a solid legal plan that may prove the other motorist involved in your accident was distracted driving. Using our legal knowledge and experience, we can determine which strategy best suits your case and fight for justice and fair compensation. Over the years, we have recovered millions of dollars for our clients. Call 888-596-6582 or complete our contact form to set up your initial consultation.