Distracted driving is a leading cause of car accidents across the United States. Activities like texting, talking on the phone or interacting with other devices divert attention from the road, impairing reaction times and decision-making. When a distracted driver causes an accident, they can be held liable for injuries to other people, including medical expenses, lost wages and pain and suffering. However, proving that a driver was distracted requires gathering precise evidence. 

Here are the most effective ways to demonstrate a driver's distraction at the time of an accident:

• Police reports — Law enforcement officers responding to the accident scene write a report that includes their own observations, witnesses’ statements and other details, such as any citations issued. In California, a driver may be cited for violating California Vehicle Code Section 23123.5, which prohibits drivers from using handheld wireless devices while operating a vehicle. Such a becomes a powerful piece of evidence supporting a claim of distracted driving. Witness accounts recorded in the report can further corroborate that the driver was inattentive.

• Cell phone records — A driver’s cell phone records can show whether the driver was texting, making calls or using data services in the moments leading up to the crash. An attorney can subpoena these records to establish a timeline of the driver’s phone usage. For example, if the records reveal a text message was sent just seconds before the collision, it can strongly indicate that the driver’s attention was not on the road.

• Witnesses’ statements — Other drivers or passengers may have observed the at-fault driver engaging in risky behaviors, such as swerving, looking down at a phone or otherwise appearing inattentive. These firsthand accounts can provide crucial details about the driver’s actions before the crash. Statements from individuals who were not directly involved in the accident, such as bystanders or pedestrians, often carry significant weight in legal proceedings.

• Video and Photographic Evidence — Dashcams, traffic cameras and security systems near the crash site may have captured the driver’s actions just before the accident. In addition, photos or videos taken by bystanders can provide evidence of the driver’s behavior, such as holding a phone or looking down in the moments before the impact.

Proving distracted driving involves a thorough investigation and a nuanced understanding of the law. An experienced automobile injury attorney can be instrumental in gathering, analyzing and presenting evidence to demonstrate that the at-fault driver’s distraction caused the accident. With effective legal guidance, victims of distracted driving accidents can pursue the compensation they deserve.

If you’ve been injured in a California automobile accident, rely on the attorneys of Favaro, Lavezzo, Gill, Caretti & Heppell, PC to help you gain rightful compensation. Our firm maintains offices in Vallejo and Fairfield-Suisun to best serve clients located throughout Solano, Contra Costa, and Napa counties. Call 707-674-6057 or contact us online to learn more.