Distracted Driving Accidents

There are a few things that are considered distracted driving.

• Talking on a handheld cell phone
• Texting
• Posting on social media
• Operating radio dials
• Watching activity on the sidewalk rather than on the road in front of you
• Adjusting mirrors
• Eating or drinking

The majority of driving distractions are manual or visual, it is also possible to be mentally distracted when you are driving. If a person is in deep thought about something when they are driving, they may not concentrate on the road. Driving is a difficult job and a person has a duty of care when they operate a vehicle. They must consider the safety of others. If someone is distracted when they drive and they have an accident, they are likely to be held responsible for that accident.

How Can You Prove a Driver is Distracted?

Proving a person was distracted when they were driving can be very difficult. An insurance company is going to want concrete evidence that its client was at fault before they make any kind of payout.

After you have an accident, you will want to contact the police and wait until they arrive at the scene. You will also want to take pictures of the accident. Be sure to look at the inside of the other driver’s car. Take a picture of the driver seat and the passenger seat. If there is a phone on the passenger seat there is a very good chance that the other driver was texting or posting on social media at the time of the collision. You should also look for any maps or magazines sitting in the passenger seat.

In some cases, security cameras may have captured the accident when it took place. Be sure to ask the police officer who arrives at the scene if there are any traffic cameras in the area. You should ask local businesses if they have security cameras. you may be able to use the videotape as evidence to prove the other driver was distracted.

Cell phone records are one of the best ways of proving that somebody was talking or texting when the accident took place. As an individual, you will not be privy to the phone records of the other driver. However, the police will record the time and date of the accident. Your attorney is legally authorized to subpoena cell phone records if they are evidence in a personal injury case. This is a huge advantage in proving another driver is at fault.

Calling the Insurance Company

After you have gathered your evidence and had a doctor’s appointment or two, it will be time to contact the insurance company of the responsible driver. They will want to see all of the evidence of the accident that you have. They will also want to see all the medical bills you have as well as evidence of any hours you have missed away from work.

An insurance adjuster will investigate your case and decide if the company will approve or deny your claim. If they approve, they will offer you a certain settlement amount. You should always contact an attorney before you accept that amount.

When you Google, “Car Accident Lawyer Woodland Hills” a lot of names will come up. Howell Law Firm PC has many years of experience in injury law. They will look at the settlement amount and tell you if we believe we can get you more money. If we think we can, we will contact the insurance company and negotiate with them. We have years of experience in negotiations. We can even represent you in court if you need to file a lawsuit. Give us a call today.