Almost every motorist has witnessed another driver texting or speaking on their mobile device while driving. This practice is known as distracted driving because said action decreases the driver’s alertness and exerts a significantly adverse impact upon the individual’s ability to properly guide their vehicle. If you or a loved one have been injured by a distracted driver you should contact an experienced car accident attorney to help maximize your claim.
How to Prove the Other Driver was Distracted
Here are the ways in which a car accident attorney can assist you in proving that the other driver was distracted and caused the car accident that you were injured in:
- Driver Admits It – Some drivers are honest enough to say they were distracted and why. While they rarely volunteer this information, they are required to be honest when they are asked questions about how the accident happened. Car accident attorneys send interrogatories (written questions) and ask oral questions at depositions on this very point: Were you distracted when the accident happened? Were you using a cellphone when you crashed into my client’s vehicle? (And so on.)
- Witness Testimonies – Passengers in the vehicle being driven by the distracted driver are also required to tell the truth. They can be deposed and asked questions about what the driver was doing and what might have distracted him/her. Additionally, riders in other cars or bystanders may have noticed that the negligent driver’s eyes were focused on something other than the road in front of the distracted driver.
- Evidence – The police will normally examine the vehicle for any signs the driver was using a cellphone, drinking, or was eating while driving. Cellphone records can be examined to determine if the driver was texting or talking when the accident happened. Some vehicles have black boxes that may also help indicate that the driver had altered his/her driving habits in a way that can only be explained by driver distraction. It’s also possible there may be video evidence (captured on somebody else’s smartphone, traffic signals, or video from a nearby site or person).
- Accident Reconstruction – It may be possible that accident reconstruction engineers and scientists can help show a driver was distracted. The movement of the vehicles, where the vehicles struck each other, the testimony of witnesses, the observations of police, and many other factors can all help an accident reconstruction professional show that the driver must have been distracted when the accident occurred.
All of these can be used by an experienced car accident attorney when trying to prove that a driver involved in a car accident was distracted. This can be difficult and complex, so utilizing an attorney with extensive knowledge in these types of cases is paramount.
The Issue Of Distracted Driving
In Texas, the problem has reached staggering proportions. Statistics gathered by the State’s Department of Transportation in 2018 concluded that more than 95,000 incidents, which clocked in at 18 percent of all reported automobile accidents, were directly attributable to distracted driving. Moreover, these incidents precipitated more than 2,300 serious injuries and nearly 400 deaths.
The Benefit Of A Car Accident Attorney
Involvement in this type of accident does not necessarily guarantee an injured party compensation. Proving a civil action requires that certain legal principles governing personal injury cases are adhered to, fault is properly established and significant evidence be provided.
Proportionate Responsibility
The State of Texas assigns fault in personal injury cases like car accidents by employing a standard known as proportionate responsibility, sometimes also known in legal terms as modified comparative negligence. This means that an adjudicating body has the authority to assign a certain percentage of fault to all parties to the incident in question.
Moreover, this legal mandate also stipulates that the plaintiff cannot collect compensation if said party is found to be 51 percent at fault or greater. Additionally, the plaintiff’s total compensation can be reduced by the percentage of blame said individual is assigned. For example, if the plaintiff asked the court for $200,000 in damages but was ruled 25 percent at fault, then said party would only recoup $150,000 in total compensation.
Personal Injury Principles
In all personal injury cases, the plaintiff and their legal team must clearly and proficiently demonstrate that the accused motorist committed a negligent or malfeasant act, said action contributed to the incident in question, the compensation sought by the plaintiff is directly correlated to the injuries said party sustained in the accident and cannot be linked to any preexisting injury or health malady and the damages are directly attributable to such injuries.
Proving The Case
If the defendant was found to be texting, speaking on their mobile phone or engaging in any act that could be construed as distracted driving, said party committed a negligent act because they failed to demonstrate responsibility necessary to preserve the safety of fellow motorists.
That said, the plaintiff will still likely require the skills of an experienced car accident attorney to meet the other mandates. The distracted driver might have demonstrated malfeasance. However, that does not mean that the injured party might not bear a certain level of responsibility.
An experienced car accident attorney will conduct eyewitness interviews, obtain reports authored by law enforcement agencies and traffic engineers and examine the accident scene with designs on proving the least possible fault with their client. Moreover, said professional will tie the injuries to the incident in question by presenting medical reports and receiving testimony provided by medical experts.
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