Distracted driving is a concept that takes place on our roads far too often, even when measures have been put in place to prevent it. By far, one of the most commonly referred-to types of distracted driving is texting and driving, which has been made illegal in many different states and can lead to serious or fatal results in a matter of seconds. In 2016 alone, distracted driving sat at the top of the list for reasons why drivers and passengers are killed on our roads, as 3,450 lives were taken in these serious accidents. These accidents are taking place at alarming rates, which is why more preventative measures must be put in place.
One of the most difficult aspects that come into play in the midst of these accidents is the fact that it is not always simple to prove that another party was distracted at the time of an accident. Perhaps you claim that you swore you saw the other driver on their cell phone when the crash occurred, but they’re denying it and there are no other witnesses to confirm it. Today, we want to focus on how you can show that negligence was at play and led to your accident.
Distracted Driving and Difficulty in Proof
Many types of driving acts are easier to prove than the act of distracted driving. For example, in cases of aggressive driving, it is simple for you to display the other person’s charges after they were seen by multiple witnesses weaving in and out of traffic or surveillance video pointed to their reckless acts. In the event of distracted driving, you might find these scenarios more difficult to prove. Perhaps, in your mind, you believe that the driver rear-ended you because they were texting, but what if they claim that they lost control of their vehicle due to other reasons? It might be difficult to back up your statements if nobody else saw a cell phone in their hand.
One of the ways that you might be able to show that distracted driving was taking place is through the use of expert testimony. This happens when an expert in a certain field is sent into court to give testimony on your behalf based on a certain subject and through evidence. The expert will look at your evidence and claims of distracted driving and testify, in their opinion, whether or not the accident was caused by the driver texting or for other reasons. The other party might attempt to produce evidence that points in the other direction, but this does not mean that you should not try. Expert testimony might go a long way in convincing a judge of your position, based on other evidence that you might have.
In some cases, the defendant might make it easy on you and tell officers the truth about how they became distracted. They might not say this outright, but instead might use a phrase such as, “I spilled my drink and had to take my eyes off of the road for only a second.” The police at the scene will mention this in the police report when it comes to liability for the accident, which might help you in the long run.
Contacting an Attorney Who Can Help
Our attorneys at Katz, Kantor, Stonestreet & Buckner have experience in working many cases involving distracted drivers. By applying our knowledge of personal injury laws in West Virginia to your case, we can help you through this difficult time and equip you with the ability to move forward in your time of need. Our car accident attorneys understand just how difficult it can be to face the aftermath of a serious accident and want to help you hold the other party liable for their negligent actions if you believe that they are to blame for your car crash. Please do not hesitate to contact us for more information on how we can assist you at (304) 713-2014.