Distracted driving is a behavior that contributes to many auto accidents each year. When a driver engages in behaviors that take attention from safe driving practices, the driver's concentration might dangerously suffer. Texting behind the wheel or even daydreaming might result in a severe crash and injured victims. Persons injured by a distracted driver could file a personal injury lawsuit to recover financial losses from the accident. Of course, the plaintiff's attorney must prove the case in civil court. The defendant might claim they were never distracted, so the attorney must present proof that the driver was negligently distracted.
Presenting Evidence in Court
Claiming a driver's negligence caused a motor vehicle accident is not the same as proving negligence. Be aware the driver may deny he/she failed to keep their attention on the road or drank coffee instead of keeping both hands on the wheel. However, a personal injury attorney may present evidence that points to reckless behavior. Witnesses who testify that they saw the driver texting while driving could sway a jury's opinion.
Dealing With More Challenging Situations
Without witnesses, it could be more challenging to prove distracted driving. The defendant might assume that the case falls under a "my word against yours" argument that fails to show a preponderance of the evidence pointing toward negligence. However, an attorney may subpoena phone records that reveal the driver was on the phone when the accident happened. Such evidence might firmly establish the driver did not focus on safety when commuting.
Seeking Additional Evidence
If the driver's distractions came from allowing a pet to run free in the seating area or because he/she kept eating breakfast while operating the vehicle, an attorney may look for other evidence to establish liability. Security cameras in the vicinity may reveal the driver's negligent actions. Also, an expert witness might testify that post-crash accident photos suggest the vehicle didn't brake in time, suggesting the driver's perceptions and attention seemed broken.
Evidence Could Lead to a Settlement
When the evidence firmly establishes a distracted driver's negligence, the defendant might choose to settle since going to trial might risk suffering a substantial judgment. Many car accident claims don't go to trial, as auto liability insurance may cover the losses. The insurance companies will require proof of negligence. Even with the evidence, serious negotiations might be necessary for a reasonable settlement. When seeking such a settlement, compelling evidence could help the accident victim's cause.
To find out more, contact a car accident lawyer.