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Is it possible to prove a driver was distracted?

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Posted on December 9, 2021

If a distracted driver injured you, you deserve compensation for your losses. Distracted driving comes in many forms, including:

  • Sending and receiving text messages
  • Making cell phone calls
  • Eating behind the wheel
  • Tending to children in the vehicle

Is it possible to prove distracted driving in court? Investigators have a number of means of demonstrating that an at-fault driver was engaging in distracted driving and breaking Illinois laws in the process.

Conducting a record search

A review of cell phone records may reveal that a driver was texting or making a phone call at the time of a crash. Likewise, a look into the driver’s social media accounts may uncover a post, checkin or other online activity prior to a vehicle accident. In a severe injury case, an attorney may subpoena such information to prove that negligence was the root cause of the plaintiff’s injury.

Eyewitness testimony

People tend to notice when a driver is engaging in dangerous behavior. By questioning witnesses to the accident, investigators may find someone who saw the driver using a cell phone, eating, applying makeup or engaging in some other dangerous behavior. If no live witness is available, a nearby surveillance camera may have captured incriminating evidence.

Reconstructing the accident

Accident reconstruction experts can extract a lot of useful information from the physical evidence leftover in the wake of an accident. Heavy skid marks leading to the site of a rear-end collision, for instance, are evidence of panic braking, which often goes hand in hand with distracted driving.

By compiling all available evidence, a skilled personal injury lawyer can piece together the story of how an accident took place and who is to blame. This is a crucial step in successfully obtaining a financial recovery for someone who has suffered a serious injury due to distracted driving or some other dangerous behavior.