How To Prove An Accident Was Caused By A Driver Using Their Phone

Each driver on the road is responsible for their own actions and while you may fully obey all traffic laws there are others who may not. This can lead to severe personal injuries or even death from the wrong actions of other motorists.

Many accidents around the entire country are caused by drivers using their phones while driving. This is called distracted driving and it’s a serious problem. In Florida, distracted driving resulted in the deaths of 333 people in 2021. While there are a variety of reasons for driving distractions, phone usage for things such as texting or using social media is at the top of the list.

If you or a loved one have been injured due to the carelessness of a distracted driver in Port Charlotte or Englewood Florida, proving fault may be a long and difficult process – Contact FGB Law Firm to see how we can help you get the compensation you deserve.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is “any activity that diverts attention from the primary task of driving.” The agency also ranks several major driver distractions. Eating, drinking, talking with passengers in the vehicle, and attempting to operate a music player or navigation system are among them.

Being focused while driving is crucial to everyone on the road. Unfortunately, even a moment of phone use can lead to accidents. These accidents have the potential to change a victim’s life forever or even lead to death.

Despite public service announcements and other informative campaigns, drivers continue to use their cell phones while driving, often with disastrous results. Here are the ways phone use causes road accidents today:

• Drivers sending text messages and using apps while on the road
• Drivers making phone calls while driving
• Using earphones while driving can take attention off the road resulting in a crash

In order to prove the use of a cell phone caused a driver to become distracted requires evidence such as:

• Police report
• Photos, videos, and audio
• Cell phone records
• Statement of witnesses
• Confession of the driver

Police Report

After an accident, it’s important that the police are called to come to the scene and create an official report. This report will include statements from those involved as well as any witnesses who saw what happened.

The police will conduct a thorough investigation of the accident scene, including vehicles and surrounding structures. Their report will also document the cause of the accident, including whether cell phone use was a contributing factor.

The victim may use this statement to demonstrate that financial compensation is appropriate. It is extremely important that accident victims do not neglect to notify the authorities for this very reason.

Photo and Video Evidence

Photo and video evidence are essential in proving that a driver was on their phone during a road accident. However, car accident victims can’t solely rely on traffic cameras to prove their case. While Florida law allows red light cameras in every part of the state, they are not always guarantors of success for the victim’s case. Therefore, accident victims should also obtain photos and videos from CCTV footage of nearby buildings, traffic cameras, as well as dashcams from other vehicles on the road.

Cell Phone Records

Cell phone records are one of the most commonly used pieces of evidence in car accident cases involving cell phone use. These records can show calls and text messages, providing support to the victim’s suspicion that the at-fault driver was using their phone or sending a text during the accident.

Statement of Witnesses

Witnesses can play a crucial role in proving that the driver was using his or her phone at the time of the accident. Eyewitness testimonies are frequently used to establish driver liability and aid accident victims in obtaining financial compensation.

Confession of the Driver

In some cases, the other driver will admit to using their cell phone prior to the accident. This evidence is incredibly useful in proving that the driver causing the accident was at fault. When drivers admit to using their phones while driving, victims will have an easier time winning their case.

Unfortunately, personal injury protection (PIP) coverage isn’t always enough to cover the victims’ needs after an accident caused by distracted driving. Their only available option to get the compensation they deserve is through legal action which can be challenging.

A successful compensation claim begins with a strong case. Lawyers have the experience and knowledge needed to win in negotiations and in court. They also know where to find the evidence needed to support your claim.

FGB Law Firm has built a reputation for helping distracted driving accident victims. Our Port Charlotte distracted driving attorneys fight for you to get the compensation you deserve. Call (941) 979-9010 or complete our online consultation form today.