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How can you know if the driver who hit you was distracted?

Determining whether the driver who hit you was distracted can be challenging, but there are several signs and evidence that can help establish distracted driving as a cause of a crash. 

Even if you aren’t certain about whether the driver who hit you was distracted at the moment of impact, the prevalence of distracted driving behaviors on U.S. roads makes this a consideration worth exploring. 

Observational clues and supporting evidence

During the accident, you may have noticed certain observable signs that indicate the driver was distracted. These clues can be helpful in determining distracted driving:

  • Cellphone Usage: If you observed the driver using a cell phone at the time of the accident, such as texting, making a call or browsing the internet, it strongly suggests distracted driving.
  • Erratic Driving Behavior: Distracted drivers often exhibit erratic behavior on the road. They may swerve between lanes, fail to maintain a consistent speed or show delayed reactions to traffic signals or changing road conditions. Such behavior can indicate that the driver was not fully focused on the road.
  • Lack of Awareness: If the driver seemed unaware of their surroundings or failed to notice your presence or the impending collision, it suggests a lack of attention due to distraction. 

Gathering supporting evidence can also strengthen your case and establish distracted driving as a factor:

  • Witness Testimonies: If there were any witnesses to the accident, their accounts can provide valuable insight into the driver’s behavior.
  • Video Footage: If the accident occurred in an area with surveillance cameras, dashcams or nearby witnesses recording the incident, video footage can provide compelling evidence.
  • Phone Records: In some cases, obtaining the driver’s cellphone records can help establish distracted driving. 

Establishing distracted driving as the cause of an accident can be complex and may require legal guidance, but it is an effort worth exploring for many accident victims. 


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