We would like to thank everyone for voting for us for Best of Northwest Arkansas Contest 2023! The results will be announced shortly!
Woman applying lipstick while driving

How to Prove Distracted Driving

One moment you’re driving and focused on getting to your destination, and the next, you’re involved in an accident. This situation is far too common and typically happens without notice — especially if a negligent driver hits you. While accidents can occur from what seems like out of nowhere, there are some instances where you may have seen a driver acting erratically before the accident. In situations like this, you may suspect the at-fault driver was distracted while behind the wheel, but how can this be proven?

Types of Distracted Driving

Distracted driving comes in three forms: visual, manual, and cognitive. Visual distractions take the driver’s eyes off the road; manual distractions take the driver’s hands off the wheel; and, cognitive distractions take the driver’s mind off driving.

Common Examples of Distracted Driving

Distracted driving can be caused by any of the distractions listed above or even by more than one of them simultaneously.

Someone who is distracted while behind the wheel could be:

  • Texting while driving;
  • Talking on the phone;
  • Eating or drinking;
  • Adjusting the radio;
  • Looking at passengers; and,
  • Daydreaming.

Proving Distracted Driving

In order to prove distracted driving, you will need to show that the driver was not paying attention to road conditions and was instead focused on something else. This can be difficult to do if you were not in the car with the driver at the time of the accident. However, there are ways that can help prove your theory.

  • Eyewitness testimony from passengers or other drivers can be used to show that the driver was not paying attention to the road.
  • Cell phone records received from a cell phone carrier may show that the driver was on their phone at the time of the accident.
  • Dashcam footage can sometimes capture distraction-related accidents.

Contact Martin Attorneys, PA

If you were injured in an accident caused by a distracted driver, it is important to speak with an experienced personal injury attorney who can help you gather the evidence you need to prove your case. The dedicated team at Martin Attorneys, PA is only a phone call or click away from getting started on your legal matter. Reach out using our online contact form or call (479) 888-2039.