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How do people prove that distraction is to blame for a wreck?

There are dozens of underlying causes for motor vehicle collisions that occur in Arizona. Some wrecks are the result of intoxication. Others occur due to issues with vehicles or poor driving habits.

In recent years, the widespread use of mobile technology has introduced a new safety concern on public roadways. Specifically, drivers have to avoid digital distraction and watch out for others who may not be as safety conscious as they are. Texting while driving is technically against the law, but that doesn’t stop people from using their devices while in control of a motor vehicle.

People who text while driving may not readily admit they are at fault after they cause a collision. How do those affected by a distracted driver prove that driver caused the crash?

Phone records

When police officers arrive to put together a crash report, they ask both drivers for information about what happened. During that conversation, the driver who suspects digital distractions can inform a police officer of their concerns.

If a police officer asks the other driver directly, they may admit to their misconduct. If they do not, police officers can potentially obtain records from the phone company or from the businesses servicing different apps used on the device. Those records can help prove that someone just sent or received a text immediately before a crash occurred or that they actively used social media while driving.

Witness statements or video footage

Many crashes occur in urban environments. There may be several sources of evidence available in such cases. Witnesses nearby when the crash occurred may have noticed the driver handling their phone. Their statements could help establish who is at fault for the crash.

There are also several different types of cameras that could have footage proving the driver was distracted. Traffic cameras might capture an image of a driver with their phone in their hands or their face pointed down at their lap. Security cameras nearby might also capture crash footage. Dashboard cameras used by either motorist or anyone near them in traffic could also provide footage.

Proving that the other driver was distracted by a digital device when a crash occurred can make it easier for those involved in motor vehicle collisions to file insurance claims or personal injury lawsuits. Those who drive while distracted are typically liable for any damages they cause to others through their poor decisions.

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