by tfarino



Getting into a car accident can be a frightening and frustrating ordeal as you seek to obtain compensation for any injuries or vehicle damaged that occurred as a result of the accident. Some car crashes can take place as a result of the other driver being distracted before they made the mistake that caused the accident. If this is the case with your car accident, you may be able to file a lawsuit in order to obtain a higher amount of compensation. Before filing one of these lawsuits, it’s important that you understand how to effectively prove a distracted driving case.

Forms of Distracted Driving

When you’re setting out to prove that the other driver was distracted, you first need to determine how they were distracted. For instance, most states have laws that make it illegal to text or talk on a phone while driving. If you believe the other driver was using their phone when the accident occurred, this could be the reason for their distraction.

Along with visual distraction, it’s possible that the driver experienced a manual distraction or a cognitive distraction. A manual distraction is anything that required the driver to take their hands off the wheel while they were driving. A cognitive distraction occurs whenever something causes the driver to focus on it when they should be focusing on driving.

The Necessary Evidence for Pursuing a Distracted Driving Case

When you want to prove your distracted driving case, you should gather evidence that supports your claim. An attorney may try to subpoena the phone records of the driver to determine if they were using the phone when the accident occurred. There might also have been witnesses who saw what the driver was doing when the accident took place. By calling expert witnesses during your case, you may be able to prove that the other driver was distracted.

Police Reports Are Essential

When police officers arrive at the scene of the accident, they gather all evidence pertaining to how the accident took place. This report will usually be placed online in the weeks following the accident. Make sure that you request this report to strengthen your case. Proving a distracted driving case on your own can be very difficult, which is why it’s recommended that you obtain assistance from Las Vegas injury lawyers who have handled cases like yours in the past.