Can you prove that distracted driving caused the car accident?
Distracted driving is the leading cause of most vehicle collisions and near collisions. According to a study conducted by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute, 80% of collisions and 65% of near collisions involve some type of driver distraction.
The definition of distracted driving is the practice of driving a motor vehicle while engaged in another activity, typically one that involves the use of a cell phone or other electronic device, but there are a variety of offenses. Texting and driving is the most disturbing distraction. Drivers using their phone to send or read a text are taking their eyes off the road for 5 seconds. If you’re traveling at 55 mph, that’s equivalent to driving the length of a football field with your eyes closed!
The problem is that proving distracted driving in a car accident case is difficult. How can you prove that the driver was distracted rather than driving aggressively? For example, in the case of a rear-end crash, how do you know if distracted driving was the cause or if the driver was speeding at the time of the accident?
If you were injured in an accident that you feel was the result of distracted driving, enlisting the services of an experienced personal injury attorney such Greg Yates, Los Angeles personal injury attorney, is crucial to the success of your case.
It’s not just the phone either
There are many distractions for today’s drivers in addition to texting or talking on their cell phones. These include eating or drinking, reading, grooming, adjusting the radio or GPS device, and talking to passengers.
While distracted driving accidents can be caused by drivers of any age, distraction is a key factor in 58% of crashes involving young drivers between the ages of 16-19. For drivers in this age group that were involved in fatal crashes, 21% were distracted by the use of their cell phones.
Unfortunately, texting and talking on cell phones, using them to surf the Internet, checking email, or social media are the new drunk driving for today’s young drivers. According to a Cambridge Mobile Telematics survey, most drivers on today’s roads are more afraid of distracted drivers than drunk drivers.
In cases of distracted driving accidents, proving who was at fault requires the gathering of evidence. Take photos and videos of the scene, including any tire marks and pictures of the interior of the other car — anything to help prove that distraction was the cause.
An attorney may be able to request the other driver’s cell phone records at the time of the accident. Gregory Yates will do a thorough investigation of the accident, making sure that as much of the evidence as possible is preserved in order to resolve your case with the best possible results.
Get all the evidence you can
Proving distracted driving in order to get compensation for injuries from car accidents is harder to prove than drunk driving or aggressive driving. If you or a loved one has been injured in an accident that you feel is the result of distracted driving, contact Gregory A. Yates, attorney for serious motor vehicle accident cases.