Distracted driving is a significant cause of accidents across the state. After a car accident, injured drivers can take legal action against distracted drivers to recover compensation for their injuries and damages. Proving other drivers were distracted is not always easy but not impossible.
A common cause of distracted driving is texting or making phone calls. If the defendant was cited for distracted driving after the accident, we can use the ticket as evidence. We can also find witnesses who saw how the defendant was distracted by the wheel. It might also be possible to subpoena records from the defendant’s phone service provider that detail exactly when the defendant was using their phone. There are numerous possible distractions behind the wheel, and you should discuss your case with our attorneys to determine the best way to prove the other driver is liable.
Our Illinois car accident lawyers can review your case for free when you call the Rhatigan Law Offices at (312) 578-8502.
What Evidence from the Scene Proves the Other Driver Was Distracted Driving?
Certain evidence from the scene can help us prove that the other driver was distracted while operating their vehicle and that their negligence caused your recent accident.
Police Report
We’ll need a copy of the police report to gain a deeper understanding of what happened. We can get the police report by contacting the local police department that responded to the accident in Illinois sometime in the following days.
Although police reports aren’t always admissible, police officers may testify about things they witnessed firsthand, such as the driver admitting to being distracted or fatigued.
Photos
Always take pictures after a car accident. Photos show impact points, road conditions, and property damage, all of which indicate the cause of a collision and whether or not the driver slowed down before impact. If the other driver did not react at all to avoid the crash, that helps us prove they were distracted and not paying attention to the road.
Take pictures from various angles, and ask law enforcement for help if you need it.
Driver’s Admission
Pay close attention to what the negligent driver says after the accident. Please let us know if they admitted to being distracted, such as turning around to speak to children in the back seat or texting while driving. You can testify to this admission if your case goes to trial and serve as a vital witness in your distracted driving car accident lawsuit in Illinois.
Can Vehicle Black Box Data Prove the Other Driver Was Distracted During a Crash?
Most modern cars collect “black box data,” which is information on major events like car accidents. Event data records (EDRs) collect information on speed, seatbelt usage, airbag deployment, brake usage, and other information that tells us whether or not the driver responded to the impending accident or tried to avoid it.
If the driver was distracted, they may not have stepped on the brakes whatsoever. Black box data can show this, and we can use the mechanism of a lawsuit to force the defendant to preserve and produce black box data from their car’s EDR.
Do I Need a Lawyer to Prove the Other Driver Was Distracted Driving in Illinois?
Our lawyers can use tried-and-true tactics to prove the other driver was distracted while driving and is thus liable for your injuries. In addition to obtaining the police report, interviewing eyewitnesses, and accessing black box data, our lawyers may also retrieve cell phone records, dashcam footage, and surveillance footage for your case.
After successfully requesting the other driver’s cell phone records, we may prove they were on the phone at the time of the crash and identify with whom they were speaking.
We can also get footage from any dashboard or surveillance cameras. We can write and send preservation letters demanding that owners produce relevant surveillance footage that may clearly show the other driver striking you while distracted.
We can also reconstruct the accident. We may get accident reconstruction experts to assist with this and testify about their findings to the jury.
Our attorneys also handle organizing medical records for victims so they can focus on physically healing, not preparing evidence for a lawsuit.
Proving that the other driver was negligent and distracted driving isn’t easy, and our attorneys can build the strong case you need to recover damages.
Does a Traffic Ticket Prove the Other Driver was Distracted Driving in a Car Accident?
Perhaps the biggest distractions plaguing drivers today are electronic devices in the car. Taking phone calls or answering text messages might be tempting while driving, but taking your focus off the road, even for a minute, is dangerous. In Illinois, using hand-held electronic communication devices (e.g., phones, tablets, computers) is illegal, and violations of this law may lead to a ticket issued by law enforcement.
Suppose an officer sees a driver in their car on the phone or using another electronic communication device while driving. In that case, the officer may stop the driver and cite them for the violation. In many cases, officers will cite drivers for using electronic communication devices after investigating an accident. If that is the case for the defendant in your situation, we can use the ticket as evidence of distracted driving.
A ticket may prove the driver was distracted at some point, but it does not necessarily prove distracted driving caused the accident, and we need additional evidence to accomplish this.
Can You Use Eyewitness Testimony to Prove Distracted Driving in an Illinois Car Accident?
Not every instance of distracted driving is met with a citation. However, that does not mean the other driver was not distracted when they struck you. In such cases, we must find other means of proving distraction behind the wheel. Eyewitnesses might be of great importance and can testify about seeing the other driver using a phone, texting, or otherwise driving while distracted.
Eyewitnesses of the Crash
Eyewitnesses are often present at an accident scene. Do your best to exchange information with any potential witnesses immediately after the crash. If you are too badly injured to do this, our Streamwood car accident attorneys can contact law enforcement officials and ask if any witnesses were interviewed during their investigation. If they were, their information should be contained in the police report regarding the crash.
Other Witnesses
Not all witnesses come from the area immediately surrounding the accident. In many cases, witnesses can testify about what they saw shortly before the crash. For example, someone who saw the defendant get into their car shortly before the accident can testify if they saw the defendant talking on the phone as they drove away.
Alternatively, if the driver was talking on the phone during the accident, the person they were talking to might feel guilty enough to come forward and admit they were on the other end of the line when the crash happened.
How Can Phone Records Help Prove Distracted Driving in Car Accident Case?
Tell us if you saw the negligent driver talking on the phone or texting right before they hit you. Our Joliet car accident lawyers can use this to your advantage and subpoena phone records to prove that the defendant was using their cell phone during the accident.
Every phone call made and text message sent is recorded by the phone company. While the actual content of messages is typically private, things like time stamps on calls and texts are carefully tracked and recorded. Getting a hold of these records is difficult because phone companies cannot hand them over without a court order or subpoena demanding it. Our attorneys can help you jump through the legal hoops necessary to get these records.
Once our Illinois car accident lawyers have these records, we can compare time stamps on phone calls and text messages to the date and time of the accident. If the phone records show that the defendant had made or received phone calls or text messages at the same time as the accident, we can prove they were driving while distracted.
Why Do You Have to Prove the Other Driver Was Distracted After an Accident?
It’s not enough to prove that another driver was distracted while driving; we must prove that distracted driving is the direct cause of your injuries. “Causation” is a vital element of any personal injury lawsuit, and plaintiffs may not get compensation without proving it.
In addition to proving causation, which involves linking the defendant’s negligence to your injuries, we must also establish the following elements:
- Duty of care
- Breach of duty
- Damages
Drivers owe each other a duty of care, and distracted driving is a breach of duty of care. Any evidence confirming that the accident happened solely because of the negligent driver is crucial, which is why we prioritize interviewing eyewitnesses and preserving video footage. This is often conclusive evidence of the exact sequence of events of an accident, leaving no question about its cause.
Call Our Illinois Car Accident Attorney for Help Today
Call the Rhatigan Law Offices at (312) 578-8502 for a free case evaluation from our Illinois car accident lawyers.
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