Distracted driving accident: how to prove fault

On Behalf of | Aug 19, 2021 | Car Accidents

Accidents can happen anywhere in Virginia. Whether you are traveling at highway speeds on I-64, enjoying the view on State Route 6 or driving down Monument Ave, collisions can occur unexpectedly. If you sustained injuries in a car crash, proving fault can be challenging, especially if the other driver’s focus was not on the road.

According to the National Highway Traffic Safety Administration, any activity that takes a driver’s focus away from the road is a distraction. Common distractions when behind the wheel include eating and drinking, talking on the phone and adjusting the navigation system or radio If your accident was due to distracted driving, evidence could come from several sources.

At the scene

The contents of vehicles at the scene can help determine if a distracted driver was at fault. Food wrappers drink containers, smartphones and passengers can all provide clues as to where each driver’s focus was at the time of the accident. Photos of the crash and witness statements can also indicate whether drivers had both hands on the wheel and eyes on the road.

After the fact

Traffic or dashboard camera footage might capture proof that a driver involved in your crash was not paying attention to the road.  Most modern cars have electronic data recorders. With proper approval, law enforcement and other parties may obtain critical details about the moments before the crash. The black box contains a broad range of data including, whether the driver used the brakes, safety belt status and vehicle speed.

Understanding where crash evidence can come from and the laws surrounding distracted driving is essential. It can help you determine whether you have a viable claim. Depending on the situation, you might receive compensation for damages.

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