Distracted drivers are the cause of many car accidents on Georgia’s roads. While most of us associate distracted driving with using our phone, distracted driving is any activity that takes your attention away from driving.
Types of distracted driving
Distracted driving can be cognitive, manual or visual. Cognitive distraction is taking your mind off driving. Manual distracted driving involves taking your hands off the wheel and visual distracted driving is taking your eyes off the road.
Common examples of distracted driving include texting or using social media on your phone, eating, talking to a passenger, looking at something on the side of the road or using a navigation system.
When you are in an accident with a distracted driver, you might know the driver was distracted but wonder how to prove that through evidence.
This is often challenging because distracted drivers usually deny their distraction after an accident. Here are some ways you can prove their distraction.
Document everything at the accident scene
Take photos of the scene, including the other driver’s vehicle. Make note of anything that could prove distraction, such as items on the seats.
Talk with any witnesses to the accident. Someone may have seen the other driver using their phone or looking away from the road right before the accident.
Additionally, speak with any business or homeowners around the accident scene. The accident may have been captured on camera. Videos of the accident could be strong evidence.
Obtain a copy of the police report. It will contain the other driver’s statements. They may have admitted to being distracted.
Phone and social media records
Request access to the other driver’s phone and social media records. These could show that the driver was on their phone during the accident.
Proving the driver was distracted is only one piece of proving your case for negligence. Once you have proven the driver was distracted, you must prove that distraction caused the accident and your injuries. You must also prove your damages.