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How to Prove the Defendant is Using his Phone While Driving Blog
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How to Prove the Defendant is Using his Phone While Driving

The act of driving while being immersed in other activities that distracts driver's attention and keeping his sight dissociate from the road way. This practice is highly dangerous as drivers' tend not to notice incoming car from other lane and since they are mentally distracted, they are less likely to react fast enough from sharp turning cars or a crash that has already happen along the path. Danger encompasses from drivers from both cars who crashed to one another, occupants in the car from other car, pedestrians, and other properties. According to reports from National Safety Council (NSC), there were 3,450 people died in 2016 caused by distracted driving-related crashes and in addition, it is found out that thousands of drivers confessed that they are engaged in practicing distracted driving in the current situation. From the survey, common types of distracted driving are: 

  1. Distraction to eyes - This refers to the absence of road awareness as driver's eyes are drawn into something and it renders the driver to react slower and even wont react to the incoming adversities. Example of this scenario is when driver's eyes or head look away from the road for few factors such as occupants' commotion, looking at one's phone, or even distracted to roadway's scenes. This is highly dangerous as your sight's essential for receiving an action and move for a reaction, if your sight's distracted then you are likely to react slower or won't notice hazards along road that might result into crashing in to someone's car or property.

  2. Distracted Hands - This refers to absence of driver's hands from the steering wheel when needed and has other matter being held simultaneously that he/she forgot to steer wheels in dire situations causing an accident. Example of this scenario is when driver is eating his fastfood orders inside the car while driving, this example is both vision and hand distraction, and unnoticingly crash into a property as he didn't have time to react from the incoming vehicle and inadvertently didn't steer the wheel to avoid the incoming car resulting in a crash. 

  3. Mental Distraction - This one is non-visible factor of causing a distracted driving related accident, this refers to the things such as problems and other matters that preoccupies driver's mind that causes blanking out or anger in the middle of driving. Some scenarios includes where drivers deliberately crash themselves into walls out of anger and some would even forgot that they were driving because of mental distractions. 

How to Prove Someone's Liability because of Distracted Driving 

One proof of using a mobile phone while driving is the recent history of phone calls in the drivers phone, this can be access and discover with the assistance of his/her lawyer. Another is physical evidence from the scene of an accident such as pack lunches, mobile phones, kid occupants and other things that can cause distracted driving. It play significant role for the authorities and lawyers to deduce possiblities and who's at fault in the accident.

Expert Witnesses may as well stand against the defendant for the plaintiff, as in some distracted driving cases on limited states they are given chances their attorney to call for an expert witness (which are paid as well) who has similar or close background for representing a case to help testify and stand a witness for the plaintiff. This goes the same for the defendant where they allow his lawyer to call a professional witnesses to help defendant in standing in his case. 

Dashcam Footage and Traffic Surveillance Cameras, the officers who received the report will as well take care of the further investigation, with dashcam footages and cameras, they will easily concuct proper findings and determine who is at fault. In the police report, it may contain evidence of distracted driving, so it is important for the plaintiff’s attorney to get a copy of the police report for latter us in trial. 

 

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