Distracted driving is a significant problem across the United States and in the state of Ohio. According to the Ohio State Highway Patrol, there were more than 8,341 distracted driving violations in 2019 alone with 2020 already surpassing the number. It only takes a second for a driver to become distracted and cause a car accident. If you have been injured in a car accident and you feel the driver was distracted, you might be wondering what you can do to prove who was at fault.
Speaking with a car accident attorney as quickly as possible will help you get started in building your case the right way. There are some things that you can do with the help of your car accident or personal injury lawyer to hold a distracted driver accountable for your injuries from the crash.
1) Documentation
The first thing to do following a car accident is to seek necessary medical attention. Unless you need medical assistance, you should document the accident. Take pictures of the damage to both vehicles and their positions on the road. Photograph the interior of the other driver’s car that may reveal objects of distraction such as make up, food or a cell phone.
Exchange name and insurance information with the other driver and also get the information of all passengers. Write down everything that you remember about the moments leading up to the accident.
2) Recall Suspicious Behavior
If you suspect the other driver involved in your car accident was driving while distracted, try to recall suspicious behavior that you witnessed such as drifting in and out of their lane, irregular speed or sudden stopping. Be sure to write down what you remember to let the police know that you suspect the driver was distracted.
3) Report Evidence to the Police
In Ohio, the police are required to respond to car accidents that involve a fatality, an injury or a certain amount of property damage. If you witnessed the other driver applying make-up, talking or texting on the phone you should let the police know this when they arrive. Any comments you make about the other party being distracted should be in the police report.
How a Car Accident Attorney Will Help with Your Distracted Driving Claim
A car accident attorney can help to investigate your claim of distracted driving and gather evidence. Share any information that you have with your lawyer such as the photos you took at the scene and any documentation that you have. Your car accident lawyer will also request a copy of the police report.
Your accident lawyer may also request cell phone records of the driver at fault. These records will include the date and time of when text messages were sent and received as well as the date and time of incoming and outgoing phone calls. Cell phones are the biggest source of distraction for motorists. Cell phone records will help to prove if the driver was talking or texting in moments leading up to the crash.
If surveillance cameras may have captured the accident your car accident lawyer will obtain and analyze any footage. Video footage from traffic or surveillance cameras may show the driver talking or texting on their phone, applying make-up, eating or any other activity that was a distraction. Your lawyer will know the best way to subpoena cell phone records and video footage.
Schiff & Associates is a top car accident attorney in Ohio, with extensive experience in holding careless drivers accountable. We pursue the maximum compensation and protect your legal rights. Contact us if you have been injured in a distracted driving accident to speak with an experienced car accident lawyer.
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