Proving That a Distracted Driver Caused Your Car Accident

Distracted driving, which includes texting, talking on the phone or engaging with other devices while behind the wheel, has become a leading cause of car accidents nationwide. A driver whose conduct causes an accident may be held liable for damages to people injured. Proving that the driver was distracted at the time of the accident requires gathering strong evidence that demonstrates how their conduct directly contributed to the collision.

Under New York's no-fault law, the first step to seeking compensation for car accident injuries is to file a claim with your own insurance company. Your Personal Injury Protection (PIP) covers medical expenses and lost wages up to a predetermined limit, regardless of who was at fault for the accident. However, if you sustain serious injuries — such as permanent scarring, broken bones or other significant harm — you may be able to pursue greater damages by proving that the other driver was at fault. In such cases, evidence of distracted driving becomes essential to establishing fault and securing compensation for pain and suffering and other significant non-economic damages.

Several types of evidence can be used to prove that the driver who hit you was distracted. Police reports created after the accident may include important information such as witness statements, the officer’s observations and any citations issued to the driver. A citation for violating New York’s law against handheld device use while driving, Vehicle & Traffic Law § 1225(c), can be a key piece of evidence. Additionally, obtaining cell phone records can reveal whether the driver was texting or making calls just before or during the accident.

Witness statements, whether from other drivers, passengers or pedestrians, can provide valuable accounts of the driver’s behavior before the crash, such as swerving or appearing distracted. Available video or photos from the scene can also be used to support your claim. This can include dashcam footage, security camera recordings and even bystander photos taken before the accident.

An experienced automobile injury attorney can be invaluable in proving your case. An attorney can gather and analyze all available relevant evidence. In addition, your attorney can help demonstrate that the distracted driver was principally responsible for the accident, providing a clear connection between their actions and the injuries you sustained. By leveraging their knowledge of traffic laws and accident investigation techniques, your attorney can work to secure the compensation you are entitled to.

Rich & Rich, P.C. represents auto accident victims throughout the New York metropolitan area. We have offices in midtown Manhattan office and in Roslyn Heights, N.Y. Please call 917-746-3358 or contact us online for a free consultation.