How Distracted Driving Can Impact Your Auto Accident Claim

Generally, allegations of distracted driving pop up through observations by yourself or a witness. For example, you may have seen the other driver on a phone or drinking coffee before the crash. You or a witness may also notice spilled food and makeup at the scene.

Even if you were blindsided by the crash, it's a good idea to probe the possibility of distracted driving. Because this type of collision is so common, you should at least look into it enough to rule it out while putting together a claim.

A distracted driver may have nursed that habit for years, and this may not be the first accident their distraction has caused. Your attorney can pull the driver's past records, including any prior accidents or tickets received. These records may show a trend of dangerous driving that supports your own claim.

Cell phones are the most common culprit behind distracted driving accidents, especially among younger drivers. As of 2013, cell phones were estimated to cause one out of every four auto accidents.

For some drivers, the temptation of a buzzing phone can seem too pressing to ignore, but it endangers everyone else on the road. A few seconds with your eyes off the road is all it takes to cause a potentially fatal crash.

You and your lawyer can request records from a phone company in these situations. These records generally show when and to whom messages were sent, though not their actual contents. An active call or chain of texts is typically enough to prove a distracted driving claim.

Texting and calls are not the only way a cell phone can be abused while driving. Social media websites are another frequent temptation, and in many cases, they are open for the public to see. When cell phone records don't turn up much, a quick investigation on the usual social media platforms - like Facebook, Twitter, and Instagram - may turn up posts or other activity from the time of the accident.

Insurance companies regularly check social media for other reasons as well. Drivers often feel comfortable confiding the details of a crash in the perceived privacy of social media. As you prepare your claim, check what the other driver is making publicly accessible. However, be cautious - social media monitoring should never be used to harass, stalk, or otherwise disturb an individual.

Finally, as with any auto accident, you should work with your attorney and law enforcement to gather witness evidence. This is especially important if you were unable to turn up phone records or other hard evidence of distracted driving. Eating, drinking, making conversation, and applying makeup can all fall under a distracted driving case, but they are harder to prove without a witness's testimony.

If you are the victim of a car accident caused by a distracted driver, you don't have to suffer over another's negligence. With the right lawyer and the right documentation, you may be able to pursue a personal injury claim in addition to your regular auto accident settlement. Call us at Wegner & Associates to find the representation you deserve.