Two Things To Know About Distracted Driving Accidents
Distracted driving is becoming a more common reason for car accidents as drivers are using their smartphones to text or read notifications when they should be focused on the road. Here are a few key things to know about distracted driving accidents.
Know Your Locals Laws
The laws are not the same across the country when it comes to distracted driving due to using your phone. States, cities, and counties can have entirely different laws in regard to what happens if you are caught being distracted while driving. For example, there may be a zero-tolerance law where it is not allowed to use a device at all and you can get a ticket. In other areas, distracted driving is considered a moving violation, and it can cause your insurance premiums to go up as a result. Distracted driving is not limited to cell phone use either. Putting on makeup or eating while driving can lead to being distracted behind the wheel, and these distractions have similar ramifications as distracted driving due to phone use.
Know How To Prove Distracted Driving Happened
One hard thing to do is actually proving that the other driver was distracted at the time they got into an accident with you. Not many people outright admit that they were distracted, but it does happen, and it is admissible in court as an admission of guilt. If you were the person that noticed the person was on their phone or distracted prior to the accident, then you need to testify that is what you saw. You will be giving the statement under oath, and it can certainly help your case if you are willing to do so.
If there were any witnesses in the area that saw the accident, you can also have them give a statement that says they saw the other driver being distracted. While it is hard to find a witness that noticed the other driver prior to the crash, it does happen, and it can certainly strengthen your case. Sometimes there is evidence from traffic cams and nearby security cameras.
Your car accident lawyer can also help subpoena the phone records from the other driver if you file a lawsuit against the other driver. Having evidence of text messages or phone calls at the time of the crash can be enough to prove that distracted driving occurred, which will reduce your liability and increase the compensation that you receive.