We see distracted drivers on the road all the time, even though distracted driving is extremely dangerous. We see them looking down at a phone, turning and reaching in the backseat, or steering with their legs while they hold food or grooming supplies in their hands.
Even though distraction is so prevalent, it can still be a challenge to prove that a driver was distracted in the aftermath of a serious accident. Often, these crashes happen in the blink of an eye; many victims never see the accident coming, so it can be difficult to prove that a driver was not paying attention. That said, it is not impossible.
When investigating a crash, there are numerous ways police, attorneys and other parties can determine if distraction played a role. As discussed in this report from the National Highway Traffic Safety Administration, this can include:
- Cellphone records
- Data from an in-vehicle entertainment system
- Witness statements
- Statements to the police
- Video surveillance from cameras in the area or dashboard cameras
- Accident reconstruction
The information gathered from these sources could show that a driver did not have his or her eyes, focus or hands on the task of driving.
Being able to show that a driver was not paying attention can be crucial in building a personal injury claim against that driver. It can show that he or she was negligent and therefore, liable for damages.
Damages following a car accident can be catastrophic. Victims can experience massive medical bills, emotional distress and changes to their lifestyle that could be permanent. They should not have to be responsible for these economic and non-economic damages when they are the result of someone else's negligence.
If you or a loved one has recently been injured by a potentially distracted driver in Wisconsin, then it can be crucial to discuss the case and your legal options with an attorney. With legal guidance and thorough investigation, you can hold a negligent party accountable for your damages.