Distracted driving has become one of the most common traffic-related safety concerns in the U.S. Motorists who don’t pay proper attention to their surroundings can cause preventable collisions that produce massive property damage losses or severe injuries.
Unfortunately, those at fault for distraction-related collisions often try to avoid taking personal responsibility for an incident. How can someone harmed by a distraction-related crash prove that the other driver didn’t have their focus on the road?
Phone records can validate some allegations
People can delete the immediate evidence of their misconduct by altering the use history of their devices. They could erase certain messages or even uninstall certain apps before the police arrive at the scene of the crash. Other people might try to hide or dispose of their phones so that police can’t prove they were on social media or responding to a text message when the collision occurred.
If the party who suspects distractions as a cause for the crash speaks up about that issue, they may have a better chance of obtaining justice. Police officers can occasionally request usage data directly from phone carriers or individual app companies. A lawyer representing a plaintiff in a personal injury lawsuit could also theoretically sometimes request those records.
Traffic, dashboard or cameras might reduce the need for phone company records, as there could be clear footage of someone handling a phone immediately before the crash occurred. Even witness statements from individuals not involved in the crash could help corroborate the claim that one driver violated the law by using a device prior to a wreck.
Proving who was at fault for a crash and why is often crucial for those pursuing compensation after a collision. Seeking legal guidance with this consequential task is always an option.