Although distracted driving is incredibly dangerous, many drivers engage in this reckless behavior regularly. Whether a driver is texting, calling, eating, drinking, applying makeup, or turning around to check on their kids in the backseat, taking their attention away from driving can result in devastating accidents. If a driver causes an accident because they took their eyes off the road, their hands off the wheel, or their mind drifted, they should be held responsible for the resulting damages. Fortunately, you can pursue legal action against an at-fault driver to recover compensation for your losses. However, you must prove their negligence directly caused your injuries. This can be challenging because the negligent party may deny they were distracted driving during the accident. If you have been injured in a car accident due to a distracted driver, it’s in your best interest to enlist the help of a skilled Bronx Car Accident Lawyer who can help you establish fault.
What is Distracted Driving?
According to many studies, distracted driving can be just as dangerous as drunk driving. Distracted driving is driving while doing something that takes one’s attention away from the road. Distractions fall into three different categories:
- Visual: This is when you take your eyes off the road (checking your GPS, searching for items in your console, looking at your phone, looking at billboards, etc.)
- Manual: This is when you take your hands off the wheel (eating, drinking, adjusting the radio or temperature, reaching for items in the car, smoking, etc.)
- Cognitive: This is when you take your mind off driving (listening to the radio, talking to passengers, daydreaming, etc.)
How Do I Prove a Distracted Driving Injury Claim?
Before collecting compensation for your incurred damages following an accident, you must fulfill the burden of proof. You’ll have to prove that the other driver’s negligence directly caused your injuries and damages. This requires substantial evidence. Therefore, you should document the accident scene by taking photos, speaking to witnesses, and obtaining a copy of the police report. In some cases, traffic cameras or dashcams may have captured the accident. It’s essential to look at the other driver’s cell phone records as it could show they sent a text message at the time of the accident. You should also check their social media and other online activities. Some of this evidence can be difficult to obtain on your own. However, an experienced Bronx car accident lawyer can help you gather the necessary evidence to prove your claim.
If you or a loved one has been injured in a car accident due to a distracted driver, please don’t hesitate to contact a dedicated lawyer from the legal team at James Newman, P.C., who can help you hold responsible parties accountable for their negligence.