How A Distracted Driver Can Affect Your Personal Injury Case

17 January 2020
 Categories: , Blog


To drive safely, a motorist must pay close attention to the road and the other motorists. Unfortunately, some motorists will instead be distracted, and some will engage in surprisingly unsafe activities while driving, such as texting or even playing a game. When you are injured as a result of a car accident and the other motorist was distracted, you will want to use this in your claim.

Common Distractions

Texting is one of the most common and unsafe activities drivers can engage in while driving, but there are several other activities that are equally dangerous. Some motorists will eat fast food or consume a beverage. Spilling a beverage inside the car can lead to the motorist becoming distracted. Even talking to passengers can be enough of a distraction to cause an accident.

Dealing with Distracted Drivers

Whenever you notice a driver engaging in an activity that should distract him or her, you should try to keep your distance. However, most motorists are not paying close attention to the activities of other drivers, and you may find yourself colliding with a distracted driver.

Proving That the Driver Was Distracted

After an accident, it's unlikely that the motorist will admit fault or confess that he or she was distracted while driving. However, you'll want to involve the police because there are rare cases where a driver might accidentally admit to being distracted, especially if in a frantic state. If the driver was on his or her phone, phone records can be used to prove that he or she was sending a text at the time of the accident. 

Otherwise, you'll likely need to rely on witnesses. If you manage to get the contact information of a witness, he or she can support your version of the events. Otherwise, the case might turn into a case of your word against the other motorist's. If the motorist is clearly at fault, being distracted might not have an impact on the case. However, if both of you are considered partially at fault, the other motorist may be considered more at fault if you can prove that the driver was distracted.

Working with an Attorney

When seeking a settlement, it's important to contact a personal injury attorney to assist you in your case. Without the help of a personal injury attorney, you may find it difficult to prove that the other motorist was at fault, even when he or she was distracted while driving.