Distracted driving is extremely common despite Ohio laws put in place to discourage it. Distracted driving leads to over 300,000 injuries a year, according to the National Highway Traffic Safety Administration. If you were injured in a car accident, it may be reasonable to suspect the accident was caused by another driver texting or being otherwise distracted from the road, but how can it be proven?
Police report
Police reports can be one way to prove another person was distracted while driving. This is because police reports provide all the details of the incident and sometimes list a preliminary assessment of fault. If the police report indicates the other driver was distracted, it may be helpful to you in court.
Witnesses
Witnesses can also be useful when trying to prove that another driver was distracted. Witnesses can include the police officer who responded to the crash, if he or she saw the other driver being distracted from the road. The police officer may have also taken witness statements following the accident. These bystanders can be subpoenaed to testify about what they saw.
Cell phone records
Cell phone records are another popular way to prove a driver was using his or her cell phone at the time of the accident. While this may not do much for your case if the driver was distracted with something else, it can be very valuable if the driver was texting or talking on the phone while driving.
Having serious injuries because of a car crash can have a big impact on your health and finances. If you think the accident was caused by another person’s distracted driving, it may be appropriate to seek compensation for your injuries. However, it is good to have an understanding of how distracted driving can be proved because you may be asked to prove that the other driver’s distraction actually occurred.