Car accidents can be devastating, especially if they were caused by distracted driving. Proving that a driver was distracted at the time of the accident is crucial to winning your personal injury case. From texting while driving to eating behind the wheel, there are many types of distractions that can cause an accident.
However, with the right evidence and a skilled Cleveland car accident lawyer on your side, you can prove that distracted driving was responsible for your injuries and receive compensation. Read on to learn how!
Ohio Follows a Comparative Negligence Principle in Personal Injury
In Ohio, personal injury cases follow the principle of comparative negligence. This means that if you were partially responsible for your injuries, your compensation will be reduced by the percentage of fault assigned to you.
For example, if a distracted driver hit you while you were crossing the street but you were also jaywalking at the time, a court may determine that both parties are at fault. If it is found that the driver was 60% responsible and you were 40% responsible for your injuries, then any compensation awarded would be reduced by 40%.
Your Cleveland car accident lawyer will need to prove that the other party was primarily at fault for causing your injuries due to their negligent behavior behind the wheel.
The Most Common Types of Distracted Driving
Distracted driving is a serious issue that can result in devastating accidents. There are many types of distractions that can take a driver’s attention away from the road, but some are more common than others.
One of the most common types of distracted driving is texting or using a mobile phone while behind the wheel. This type of distraction is particularly dangerous because it involves visual, manual, and cognitive distractions all at once.
Another type of distraction that drivers often engage in is eating or drinking while driving. This may not seem like it would be as distracting as texting or talking on the phone, but taking your hands off the wheel and your eyes off the road to grab food or drink can increase your risk for an accident.
Adjusting music or other controls within the car can also be a source of distraction for drivers. While this may seem like a minor task, taking your eyes off the road even for just a few seconds could lead to an accident.
Distractions outside of the vehicle such as looking at billboards or watching pedestrians can also cause accidents if they divert too much attention away from driving safely.
Photo and Video Evidence Is Extremely Useful
Photo and video evidence can be extremely useful in proving distracted driving in a car accident case. With the prevalence of smartphones and dashcams, it is now easier than ever to capture footage of drivers who are looking at their phones, eating, or engaging in other distracting activities while behind the wheel.
If you have been involved in an accident caused by a distracted driver, it’s important to immediately document any physical injuries and damage to your vehicle. You should also try to take photos or videos of the scene before anything is moved or cleaned up.
When presenting photo and video evidence in court, make sure your lawyer knows how to properly introduce these materials as evidence. We will need to establish authenticity and chain-of-custody procedures for each piece of evidence presented.
Photo and video evidence can significantly strengthen your case against a distracted driver. Make sure you seek advice from an experienced Cleveland car accident lawyer at our law firm who can help guide you through this process.
Witness Statements Can Confirm that the Driver Was Distracted
In a car accident case, witness statements can be critical evidence to prove that the driver was distracted. Witnesses who saw the accident happen can provide valuable information regarding what caused the crash.
The witnesses may have seen something that the drivers themselves did not even realize they were doing, such as looking at their phone or eating while driving. The statement of these witnesses can help an experienced Cleveland car accident lawyer build a strong case and hold them accountable for their negligent behavior.
It is essential to collect witness statements as soon as possible after an accident has occurred. As time passes by, people’s memories fade, and it may become challenging to find someone who witnessed the incident.
A skilled attorney knows how to locate and interview eyewitnesses and gather important details about what happened just before the collision. These accounts could be instrumental in proving negligence on behalf of the other driver or demonstrating your innocence if you were wrongly accused of distracted driving.
Your Lawyer Can Subpoena the Driver’s Mobile Phone Log
A driver’s mobile phone log can provide invaluable evidence in a car accident case. If the driver was distracted by their phone at the time of the accident, their call and text history could help prove your claim. However, obtaining this information is not always easy.
That’s where an experienced Cleveland car accident lawyer comes in. They can subpoena the driver’s mobile phone records to see if they were using their phone at or near the time of the crash. This process involves requesting these records from the mobile service provider.
It’s important to note that there are legal requirements for obtaining someone else’s personal information like a mobile phone log. A subpoena is necessary and must be issued by a court or authorized agency before any information can be obtained.
Furthermore, it takes expertise and resources to obtain these records and analyze them effectively – which is why having a skilled attorney on your side is essential.
By proving that distracted driving caused your accident through detailed analysis of cell phone logs and other evidence, you increase your chances of receiving full compensation for injuries sustained as well as damage incurred due to property loss or medical expenses resulting from such accidents.
Let an Experienced Cleveland Car Accident Lawyer Prove Your Claim!
If you or a loved one has been involved in a car accident caused by distracted driving, it’s important to take action right away. By proving that the other driver was distracted at the time of the accident, you can hold them accountable for their negligence and seek compensation for your damages.
However, gathering evidence and building a strong case isn’t always easy – especially when you’re dealing with injuries and recovery. That’s why it’s essential to work with an experienced Cleveland car accident lawyer who knows how to prove distracted driving during settlement negotiations.
Our team understands the complexities of Ohio law surrounding personal injury cases, and we know what it takes to win in court.
So if you’ve been injured in a car accident caused by someone else’s distraction, don’t wait another day. Contact us today to schedule your free consultation and learn more about how we can help you get the settlement you deserve!