Being Hit by a Distracted Driver – The Impact on Your Case
If your auto accident was caused by a distracted driver, you may have an easier time proving fault. There are arguments the other driver (or their insurance company) will make on their behalf to deny fault. The first and most common argument car crash lawyers get is a denial. The will say that we have no “proof” the other driver was distracted. The next argument is that the alleged distraction did not have any part in causing the accident. The insurance company usually places blame on the other driver to deflect liability from their defendant.
Proving Distracted Driving
Verbal acknowledgment: One way to show that the other driver was distracted is if they tell you they were looking elsewhere, changing the music, on a call, or were otherwise distracted. We have actually represented a client that took an audio recording of her conversation with the lady who hit her. The defendant told our client “Sorry, I was on the phone.” The insurance company placed 100% fault on our client and refused to open a file until we played them the recording.
Police Reports: We usually trust the police to quickly respond and accurately report on what happened. However, since the police usually do not witness the accident personally, what goes into their reports is made up of what the involved parties and witnesses tell them. In some cases, the report may reflect not what actually happened, but who the responding officer believes more. We have had potential auto accident clients call us after being injured and tell us that “The police report placed fault on me,” and is completely inaccurate. Fortunately, the police report is not the final word in your accident. While it is important, we will use other methods to find out what really happened.
Phone Records: We may subpoena call records and cell-phone data records to see if the other driver was distracted at the time of the accident. That’s one reason why it’s important to document as much detail about your accident as possible. If you can remember to do so, write down the time, the place, weather conditions, information about the other person’s driving, which directions you were traveling in, etc.
Cameras: We can seek out surveillance footage from nearby businesses that may show the accident partially or in its entirety.
Witnesses: Though witnesses may not have been able to see what caused the distracted driving, they can usually give a clearer picture of what happened. By putting the pieces together, we can create a clearer picture of what happened. As auto accident attorneys, it is not uncommon for us to seek out and interview witnesses.
Hit By a Distracted Driver? Get Help Now.
We understand the confusion and frustration that come along with auto accidents. If you have questions, we are here to answer them. Contact San Antonio car accident attorney Eric Ramos and his team for a free, no-obligation consultation at (210) 404-HURT (4878).
