Proving Distraction can Help Your Claim

Whenever you’re the victim of a wreck, the other insurance company is going to do everything they can to show you were at least partially at fault.  When they can raise those suspicions, they can start to minimize the amount they’re paying out in claims.  Proving the other driver was distracted is one of the ways to help solidify your case, and maximize your compensation.

The Car Crash Captain lays it all out on what you can do at the time of the crash, and how your legal representation can use that information to ensure your settlement will fully cover your claim.

What is Distracted Driving?

Distracted driving is anything that takes your focus off the road (we cover a handful of the different distractions in one of our previous posts).  These distractions lead to hundreds of thousands of wrecks each year across the country, and result in nearly 10 fatal accidents every single day.  They are some of the most preventable injuries and deaths, if people would just focus on the road and not on something else.

Here are 6 of the many ways to prove the other driver was distracted at the time of the wreck.

• Get a Police Report – The official police report will hold a lot of weight.  If it includes a line about how the at-fault driver was distracted, then it’s going to be hard for the other party to argue they were not actually distracted.
• Track Down Witnesses – Witnesses can help support your case.  Some of those witnesses may have been in the vehicle with the other driver.  If they mention how the driver was on the phone, engaged in conversation, adjusting the radio, or anything else that distracted them, then you have testimony to distracted driving.
• Cell Phone Records – If it comes down to it, your lawyer at Herbert Law Group can get cell phone records.  If those records show text messages or phone calls at the time of the wreck, it’s likely that the driver was using the phone at the time of the wreck.
• Photo and Video Evidence – There are more than 7,200 cameras that monitor the Dallas, Texas area.  Some of them might capture your wreck with photo or video evidence.  Depending on the location, the camera may be able to see what was happening inside the at-fault driver’s vehicle.
• Social Media Activity – If the other driver was distracted by posting or commenting on social media, the time stamp on that activity will coincide with the time of the wreck.
• Accident Reconstruction – Your car wreck lawyer should be well versed in accident reconstruction.  This is where they take all the evidence into account, and show what exactly happened before, during, and after the crash.

There are other ways to help show that the offending party was distracted at the time of the wreck, however, if you can use some of these methods, then liability will most likely fall completely on the other driver.

Herbert Law Group is on Your Side

The best part about proving distraction is that you don’t have to go through the trouble of tracking down all of this information.

Herbert Law Group is here to ensure you find justice.  That means we’ll work hard to prove the other driver was distracted, and maximize the settlement you receive from the insurance company.  Instead of spending your time fighting with adjusters, you spend your time healing while we fight for you.

Let’s talk about what happened.  Call our offices at 214-414-3808, or fill out the contact form, and we’ll have a free conversation to determine how we can help.