Can distracted drivers face legal action after a crash?

Posted on in Car Accidents

Distracted driving continues to cause many car accidents in San Jose and throughout California every year. It is not too surprising that so many accidents are being attributed to distracted drivers since everyone seems to be on their cellphones all the time, including while behind the wheel. Drivers involved in a car accident may want to ask if distracted driving caused the crash.

You may be wondering if it really matters that the other driver was on his or her cellphone at the time of the crash. Even though it may not seem like a big deal, drivers who are distracted at the time of an accident can be held liable for your injuries in California. 

After being injured in a car accident, you may want to see if the other driver was using his or her cellphone. Drivers who cause car accidents due to their negligence or unsafe actions can be held liable for injuries caused by the crash.

Filing a civil lawsuit against a negligent driver after an accident is just the first step. You will need some evidence to prove that the driver was distracted at the time of the crash. What type of evidence can be used to show that the driver's negligence caused the accident? There are several different types of evidence but a police report may be the most helpful if the police report contains statements from the police or witnesses that the other driver was using his or her cellphone. 

Cellphone records can also help prove if and when the driver was using his or her cellphone. If records show that the driver was talking on his or her cellphone or that he or she received or sent a text message just before the accident, the driver could be held liable for your injuries. Other types of evidence that can be helpful in this type of case include videos or photos of the driver as well as statements from witnesses that support your claim of negligence. 

If you have been injured in an accident and believe it was caused by a distracted driver, you should contact a personal injury attorney to discuss what specific legal action you can take against the driver. 

Source: FindLaw, "How to Prove Distracted Driving Caused a Crash," Jenny Tsay, April 9, 2014

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