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How to prove distracted driving in court

Posted by Ken Doane | Nov 16, 2018 | 0 Comments

Many auto accidents that occur these days are the result of one of the drivers becoming distracted. The biggest distraction on the road is someone looking at his or her smartphone while behind the wheel. In the event this case goes to court, it can be tough to prove the other driver was negligent, but there are ways that can help. 

Cellphone records

In the event you believe the other driver used a cellphone during the time of the crash, your attorney can request the driver's cellphone provider to offer records. These records will show all cellphone activity at the exact time of the crash. The police report should contain roughly an exact time of when the accident happened. Many cellphone providers are hesitant to offer these records, but if circumstances exist that suggest the driver used a phone, then it can help your case immensely. 

Passenger testimony

People inside the other driver's vehicle may offer to testify. They may tell the court the other driver used a phone at the time of the crash. Some people may be reluctant to speak against a potential friend or family member, but testifying under oath can get people to come forward with pertinent details. 

Police report

The police report will contain vital details that can aid your case. The police may have interviewed people who witnessed the crash, and they may have said they saw the other driver talking on the phone moments before colliding. Additionally, if the police issued a citation to the other driver for using a phone while driving, then that piece of evidence can be instrumental in your case.

About the Author

Ken Doane

Ken is an experienced personal injury attorney and practices in southern Indiana and the metro Louisville area. Ken and his team handle every aspect of his clients' cases from pre-suit settlement negotiations through jury trial and appeal, if necessary. He has practiced for over 22 years and has ...

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