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You are here: Home / Blog / How to Prove Fault in Distracted Driving Cases

How to Prove Fault in Distracted Driving Cases

February 1, 2022 By Ghabour Law

All drivers have the ability to save lives and make the road a safer place by making sure that they eliminate distractions. Distracted driving is a leading cause of accidents, and it is one of the main reasons that drivers get into serious collisions throughout the year. Anyone who finds that they are in a serious accident due to distracted driving will have to pay the legal price for their negligence, and this often comes with loss of their privileges and other benefits they used to easily enjoy. 

The consequences for distracted driving are dire on both a social and legal level and that is why every measure should be taken to avoid this scenario. However, if a person was in an accidnet due to the other driver being distracted while they were driving, the good news is that it may be easier to receive compensation from them due to their clear show of negligence. However, a person must be able to prove the negligence to begin with in order to get the settlement they deserve to help them cover their damages. Aside from proving negligence, a person will also have to prove the severity of their damages and the causation as well.

In drunk driving cases, gathering the evidence is relatively straightforward as the driver can be simply tested to see if they had a higher then allowed BAC. However, in distracted driving cases there is no one specific test that can be taken to prove that the driver was not paying attention and fulfilling their obligation while on the road. However, there are many other forms of evidence a person can gather. They can collect eyewitness testimonies, a confession from the liable party, an official police report, and footage shown from the dashcam. Cellphone records and social media posts can also be used as evidence to prove that a person was using their device at the time of the collision.

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Filed Under: Blog Tagged With: accident, car accident, Distracted Driving, driver safety, personal injury case, personal injury consultation

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