In the second part of our blog series for Distracted Driving Awareness Month, our PBAR legal team discusses proving fault for a distracted driving accident. It is not enough to prove that a driver was distracted at the time of a collision. You must prove that the driver caused the collision. In the blog below, our Indianapolis distracted driving accident attorneys discuss accident investigations and evidence used to prove fault in a car accident claim.
Conducting a Thorough Accident Investigation to Determine Fault
When you meet with members of our PBAR legal team, we begin our investigation by listening to you. We want to gain as much information about the accident from you before we take the next step in our investigation. After speaking with you, we may send someone to the accident scene to take photographs and make videos. We may also have someone view the damage to the vehicles and document the damage before it is repaired.
We obtain copies of the accident report and police report to review. The report of accident often provides a great deal of important information about the cause of the crash. We interview witnesses and search for other video evidence of the accident, such as traffic cameras and security cameras. In accidents involving commercial vehicles, we must act quickly to preserve evidence, such as the truck’s black box and the trucking company’s records.
In some cases, we may hire experts, including accident reconstructionists, to review the evidence to determine the cause of the crash. The details of the crash and the factors involved in the crash dictate the direction of an accident investigation. We pursue all avenues until we are satisfied that we have gathered all available evidence related to the cause of the distracted driving accident.
Examples of Evidence in a Distracted Driving Accident
As mentioned above, proving a driver was distracted is not sufficient to prove fault. Distracted driving can lead to a car crash, but there could be an instance in which a driver is talking on a cell phone or texting at the time of a crash caused by another driver. Therefore, we treat a distracted driving accident as we do other car crashes. We focus on proving a driver’s actions directly caused the collision.
The distraction may be one of the factors we use to prove fault. Other factors could include speeding, failing to yield the right of way, following too closely, running a red light, swerving into another lane, improper turns, and improper merging.
Evidence that we may use in proving fault for a distracted driving accident include:
- Photographs and videos from the accident scene
- Eyewitness testimony
- Driver statements after the crash
- Physical damage to the vehicles
- Skid marks and other damage at the scene
- Road and weather conditions
- Expert witness testimony
- Police and accident reports
- Cell phone records
- Data collected by an event data recorder (black box) and other on-board systems
- Vehicle maintenance records
- Records for commercial truck drivers
- Calls to 911 immediately after the crash
- Injuries sustained by the victims
Because some evidence could be lost or destroyed, it is important to gather and preserve evidence quickly. Contacting an Indianapolis car accident attorney as soon as possible after a crash can help with this process.
Contact Our Indianapolis Distracted Driving Accident Attorneys
If a distracted driver injured you, allow the legal team of Poynter & Bucheri to help you investigate the crash. We work to protect your legal rights and best interests.
Call 1-800-265-9881 or (317) 780-8000 to request your free consultation with an Indianapolis distracted driving accident lawyer.