Distracted driving continues to be a major source of car wrecks. Distractions take many forms, but cell phones and other electronic devices are surely at the top of the list. Still other motorists are distracted by children or passengers in the vehicle, pets, and food.
At Ball Kirk & Holm, P.C., we help car accident victims fight for compensation. An at-fault motorist should pay for your medical care and lost expenses, along with other damages.
If you were injured in any type of car accident, you have the burden of proving fault. This means establishing the other driver was distracted and therefore negligent. Below, our Des Moines car accident attorney identifies key pieces of evidence we can use to prove a driver was distracted. Reach out to schedule a consultation with us at a convenient time.
Admissions from the Other Driver
The other driver might admit they were distracted after getting out of their vehicle. As you stand around waiting for the police to arrive, the driver could admit they were on their phone or that their dog jumped into the front seat.
Try to remember in detail what the other driver said. You can use admissions like these in court as evidence.
We might also get an admission in a deposition. This is a chance to ask the defendant questions under oath about what happened and is a regular part of the “discovery” process. Drivers have an incentive to bend the truth out of self-interest. But lying under oath is a crime, so some motorists will finally admit in the deposition that they were distracted.
Cell Phone Records
Cell phones are probably the main source of distraction. Too many people are tempted to pull out their phone and read a text or, even worse, tap out a text on their own. With one hand on the phone and both eyes off the road, a texting driver is a serious risk of getting into a crash.
How can we prove they were on the phone? One option is to seek access to their phone records. These records might show they sent a text or even had a cell phone conversation in the moments before a crash. We can ask the driver to turn over their records or, if they resist, ask the court for a subpoena.
Witness Testimony
You or another witness might have seen the driver looking in the back seat or struggling to get control of their dog in the split second before the crash. Eyewitness testimony can establish another motorist was distracted.
This is a reason to talk to people after the accident. For example, you might have been struck in a parking lot. Other witnesses include anyone standing around who saw the accident happen. You can ask them for their name and a method of contract. We might follow up to uncover what they saw and then have them testify.
Surveillance Video
Some car accidents are caught on camera, especially those wrecks which take place in parking lots. Many businesses have cameras pointed at the lot or sidewalk for security purposes. These cameras might record an accident.
Although security video is notoriously grainy, it might show a driver was distracted by a pet or on their phone when backing up or making a turn. Call our law firm as soon as possible. We are available for clients 24/7, and we can jump in and search for any video at nearby businesses.
Other Evidence We Can Use to Establish Driver Distraction
If a driver doesn’t admit they were distracted, we’ll need to use circumstantial evidence. The following is very helpful:
- The driver has soup or coffee all over their blouse or shirt when they exit their vehicle. This is a good sign they were drinking or eating in the seconds before the crash and possibly distracted. Remember to tell your Des Moines car accident attorney about any detail like this.
- The driver is clutching their cell phone. This is some evidence the phone was in their hand when they were driving. We might follow up by requesting cell phone records.
- A dog bounds out of the vehicle after the driver. This is proof the animal was unrestrained, which means it might have surprised the driver by jumping into the front seat, leading to a collision.
- There is a passenger in the car. Some drivers are distracted by conversations. We can follow up if they had someone in the car with them.
Share any detail like this with your attorney. Our legal team understands the importance of a thorough investigation. We don’t go into settlement negotiations until we have adequate evidence to prove another driver is to blame for hitting you.
Can You Receive Compensation for a Distracted Driving Accident?
Yes. This is a common type of car crash. A reasonably careful driver should put away all electronic devices and keep both eyes on the road when behind the wheel of a moving vehicle. Unfortunately, too many motorists are distracted. In fact, the Centers for Disease Control estimate that 424,000 people nationwide were injured in distracted driving collisions in 2019. Some experts have even called distracted driving a public health crisis.
Distracted drivers are almost always at fault when they get into a wreck. If you were injured, we can request compensation for:
- Car damage
- Medical bills
- Lost income or wages
- Expected future medical care
- Loss of earning capacity
- Mental distress
- Pain and suffering
Let our legal team work on getting evidence to use in your case.
Contact Us to Discuss Your Accident
Distracted driving is a grave danger on Des Moines roads. We encourage everyone to follow the law and stop texting or talking on the phone when behind the wheel. We owe it to our neighbors to drive safely.
In a similar vein, the best thing you can do to promote public safety is hold a distracted driver accountable. Call Ball, Kirk & Holm, P.C. From our office in Iowa City and Waterloo, we can meet to discuss your case in a free consultation.