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4 Ways to Prove Distracted Driving in a Car Accident Claim

Published in Car Accidents on January 3, 2024

Reading Time: 3 minutes

After you have been injured in a car accident, one of the first steps you must take to ensure the success of your car accident claim is to prove that the other driver was at fault for the crash. If the driver who hit you was distracted, you may be unsure what steps to take to prove that their distractedness is what led to the accident and your subsequent injuries. A trusted Massachusetts car accident lawyer can help you prove distracted driving as the cause of the incident in your car accident claim.

At Sweeney Merrigan Personal Injury Lawyers, our car accident attorneys have more than 45 years of experience helping clients pursue justice after negligent parties cause them to suffer losses. After a distracted driver causes your crash, you can ensure they are held responsible by filing a personal injury claim and proving their liability. Call 617-391-9001 or fill out our contact form to request a free consultation with one of our car accident lawyers today. 

What Evidence Can Prove Distracted Driving Was the Cause of Your Car Accident?

While most would hope that a distracted driver would provide an admission of guilt after causing a car accident, this is rarely the case for victims filing a claim. Instead, working with a trusted lawyer who will collect necessary evidence to prove that the at-fault party was distracted is the best bet to help you get the justice you deserve.

Some of the evidence your car accident attorney can collect to prove that distracted driving caused your car accident are as follows:

1. Police or Accident Report

If law enforcement is called to the accident scene, the police report can be a crucial piece of evidence to help support your claim that the other driver was distracted and caused the crash. While an initial police report is a strong piece of evidence, it should be noted that it is not the final word on the matter and definitely not strong enough to support your claim on its own. This is because law enforcement officers only conduct a full investigation in car accident cases where there were significant losses, deaths, or a suspected crime that has not yet been proven. 

2. Eyewitness Testimony

Eyewitness testimonies can be highly valuable to distracted driving car accident claims. This is because these witnesses can testify that they saw the at-fault driver using their phone or engaging in some other sort of distraction. Having multiple eyewitnesses can strengthen your claim that the liable party was distracted.

3. Expert Witness Testimony

Expert witnesses have knowledge and experience for whatever domain they are forming an opinion about. For example, in a car accident case, a car manufacturer may be called in as an expert witness. Obtaining expert testimony can help connect the dots of existing evidence or strengthen a narrative, but this type of evidence rarely holds up a claim on its own without other supporting evidence to prove that the defendant was distracted at the time of the crash.

4. Physical Evidence

Physical evidence may be inside and outside of the liable party’s car. This evidence may include:

  • Roadside evidence: This type of physical evidence can reveal that the driver was not exercising due care and attention. This type of evidence may include tire tracks that show late braking, tire marks in areas off the marked roadway, or obvious collision points in an intersection where most people would yield under normal circumstances.
  • Evidence inside the vehicle: This can include a recently used cell phone, an open book, open fast-food containers, or a loud radio

Your car accident lawyer may also collect phone records proving that the driver was on a phone call or texting during the time of the crash. To ensure you are able to prove the liability of the distracted driver in your case and get justice for your losses, work with our experienced legal team at Sweeney Merrigan Personal Injury Lawyers.

When you work with our personal injury law firm, you will work with trusted Massachusetts car accident attorneys like Kyle A. Camilleri. Attorney Camilleri is a member of the Massachusetts Academy of Trial Attorneys and the Boston Bar Association and has years of experience helping clients achieve success with their claims.

Prove Distracted Driving Caused Your Massachusetts Car Accident Claim

At Sweeney Merrigan Personal Injury Lawyers, our legal team has over 100 years of combined experience representing clients injured in various personal injury cases, including those involving distracted drivers. If you were injured in a distracted driver car accident, we can help you build a strong claim. 

Our experienced legal team will fight for the justice you are owed. To schedule a free consultation with one of our car accident lawyers, call us at 617-391-9001 or fill out our contact form.

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