Distracted drivers are still found on many Virginia roads and highways, despite the known dangers of distracted driving. Many accidents continue to be caused by distracted driving.
If you are a victim of a distracted driving accident, a major problem you may face is how to prove the other driver was distracted. Gathering evidence of distraction is usually more challenging than evidence of other accident causes, such as intoxication or speeding.
Police report
One of the best ways to prove an accident was caused by distracted driving is to obtain a police report, especially if it shows the other driver was issued a traffic violation for distracted driving.
Virgnia law forbids drivers from driving while using a handheld personal communication device. A driver can receive a traffic violation for distracted driving under this law.
Sometimes a police officer may observe them on their phone. Other times the driver may acknowledge they were on their phone when the accident occurred.
The other driver might admit to certain types of distracted behavior, such as eating, using a navigation system or talking to a passenger.
The police report should contain statements the other driver made about what happened at the time of the accident. These statements could be used as proof of distracted driving.
Photo or video footage
If there is no traffic citation, video or photo footage of the accident could help prove distraction. The footage could show the other driver on their phone or distracted.
You can also talk to eyewitnesses to the accident. If the other driver was distracted, chances are someone else noticed it before the accident, particularly if your accident was in a busy area.
Even one witness’ testimony can be enough to prove distraction, but if the testimony is backed up by another witness, your case gets even stronger.
Finally, sometimes the type of crash could prove distracted driving. For example, many rear end collisions are caused by distracted driving. Take pictures of the accident scene from many angles and positions.
