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Can Evidence Prove a Driver was Distracted After a Car Accident?

When many people think of distracted driving, they often first imagine a motorist who texts while driving. Although this is a common form of distracted driving, there are others, as well. Eating, drinking, grooming, loud music, and even rowdy passengers can cause a driver to become distracted and cause an accident. When accident victims consider filing a claim for damages afterward, they often fear there is no way to prove the driver was distracted. Fortunately, there are many ways to prove this type of negligence, and they are listed below.

Obtain a Copy of the Police Report

You should always call the police to the scene of the accident. Not only is this required by law in some instances, but the police report can also contain important evidence. The officer that comes to the scene may identify the other party as negligent and include that in their report. Police reports are sometimes considered inadmissible in court, but can help prove your case to the insurance company.

Subpoena Cell Phone Records

Texting and driving is against the law in Illinois, and it is illegal to even drive with a cell phone in your hand. Still, hundreds of people violate this law every day. When working with a Rockford injury lawyer, they can subpoena the at-fault party’s cell phone records to determine if they sent or received a text message or phone call at around the same time as the accident.

Obtain Video Footage

You are likely caught on camera more often than you think while you are driving. Security cameras from nearby businesses, traffic cameras at intersections, dash cams, and even footage taken from someone in your vehicle or nearby can all serve as valuable evidence in a car accident case. This footage may show another driver was distracted and caused a crash as a result.

Locate Witnesses

Anyone that saw the crash occur can serve as a witness in your case. A lawyer will locate pedestrians, other motorists, cyclists, and anyone else that may have seen your crash. These witnesses can testify as to whether the at-fault party was distracted during, or in the moments leading up to the accident.

Use Accident Reconstruction Experts

Accident reconstruction experts will use physical evidence from the accident scene and computer technology to determine how the crash happened. When trying to piece together what happened, the reconstructionist may determine there is no other logical explanation for how the accident occurred and so, the other driver must have been distracted.

Our Car Accident Lawyer in Rockford Can Prove Your Case

When filing a claim after a car accident, it is crucial to gather important evidence to prove your case. At Brassfield & Krueger, Ltd.. our Rockford car accident lawyer will know what evidence is most important, and how to obtain it. Call us today or fill out our online form to schedule a free consultation and to learn more about your legal options after a crash.

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