Imagine you’re safely navigating the roadways while dropping your children off at school or commuting to work. Everything may seem fine until a distracted driver who isn’t paying attention to the road crashes into your vehicle. Regardless of whether it’s texting, calling, drinking, eating, applying makeup, conversing with passengers, using the navigation system, or checking on kids in the backseat, distracted driving is a leading cause of car accidents in Alabama. An accident that arises from distracted driving can have devastating consequences, from hefty medical bills to lingering pain and suffering. Fortunately, you’re entitled to pursue legal action to seek financial compensation for the damages you’ve incurred. However, you may run into some obstacles if the negligent driver denies they were engaged in distracted driving at the time of the accident. While it’s often tricky to prove a driver was distracted, a determined Birmingham Car Accident Lawyer can help gather the necessary evidence to help prove fault. 

What is Distracted Driving?

Distracted driving occurs when a driver takes their attention away from the road. A distraction can be anything that takes your attention away from driving. Distracted driving is categorized into three different groups:

  • Visual: This is when you take your eyes off the road. For instance, you may look at your GPS. Look at a passenger as they speak, or turn around to check on your children in the backseat. Whatever the case, when you take your eyes off the road, even for a split second, you increase your likelihood of being involved in a crash as you will not have sufficient time to react to potential roadway hazards.
  • Cognitive: This is when you take your mind off driving. Essentially, you bring your focus off the road. For instance, you may listen to a podcast, converse with a passenger, or daydream. Whatever the case, if your mind drifts, you won’t be able to concentrate on driving. This will leave you ill-prepared in the event of a potential roadway hazard. It would be best to remain alert behind the wheel to prevent accidents.
  • Manual: This is when you take your hands off the wheel. For instance, you may eat, drink, apply makeup, adjust the radio, or try to get something from your purse/wallet. Whatever the case, without both hands on the wheel, you will not have enough time to react and won’t be able to steer correctly.

How Do I Prove Distracted Driving Following a Collision?

If you suspect the other driver involved in your accident was distracted at the time of the crash, a skilled Birmingham car accident lawyer will help you investigate the cause of the collision and gather evidence to prove their liability. The best way to establish a driver was engaged in distracted driving is by gathering as much evidence as possible. Documenting the accident scene by taking pictures and talking to witnesses is beneficial. Try to look for traffic, surveillance, or dashcams, as they may have captured footage showing the other driver was distracted.

Furthermore, you should investigate their cell phone records, as they could show that the driver was sending a text message or making a phone call at the time of the accident. It’s also essential to check their social media, emails, and other online activity as it could have a timestamp, proving their negligence.

If you’ve been injured in a car accident due to another driver’s negligence, please don’t hesitate to contact Alabama Personal Injury Lawyers, LLC. Our legal team is prepared to help you hold responsible parties accountable for their negligence.