How a Lawyer Can Prove a Driver was Distracted | Staver Accident Injury Lawyers, P.C.
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How a Lawyer Can Prove a Driver was Distracted

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Auto Accidents, Personal Injury

If your car was hit by a distracted driver, you may think you can easily collect compensation since you were not at fault. However, it’s not always so easy to prove the other driver was distracted when they caused the accident.

If you know negligent behavior played a part in your car wreck, you may want to talk to a distracted driving lawyer at Staver Accident Injury Lawyers, P.C. about your case. Our experienced lawyers know what clues to look for that point to distracted driving, and we can help you build a reliable case.

Call us right away at (312) 236-2900 to schedule a free consultation.

What Is Distracted Driving?

Essentially, distracted driving refers to any number of tasks you perform that impair your ability to stay focused while driving. While texting while driving is one of the most popular forms of distracted driving, there are plenty of other activities people engage in when they should be watching the road, such as:

  • Handing snacks or other items to children in the backseat
  • Shaving
  • Applying makeup
  • Typing directions into a GPS
  • Changing radio stations

Not only is distracted driving dangerous, it’s against the law in some states. For example, many states have made texting or using a hand-held cell phone while driving a primary offense including Illinois. This means an officer is allowed to pull you over and issue a ticket if they see you driving with your phone in your hands.

Evidence of Distracted Driving

Below are a few ways you may be able to demonstrate the other driver was distracted when they hit you:

  • Cell Phone Records – If someone is involved in an accident while they were talking on the phone or right after they sent a text or email, there will be a time record on the cell phone to show exactly what happened. If a person ran into your car because they were fiddling with their phone, your lawyer should be able to obtain copies of their phone records to prove they were distracted.
  • The Other Driver Admits to Being Distracted – Sometimes, the other driver is so flustered by the accident that they may blurt out a confession. If they say they were distracted, you may be able to use that statement in court, or you can include it as supporting documentation for your case.
  • The Police Report Alludes to Distracted Driving – When a police officer writes an accident report, they generally state basic facts including date, time, location, weather, and damage done to the cars. They will include statements from the drivers and possibly any witnesses, and they may also add their own conclusion of what happened. Because officers see a considerable amount of accidents, they can look at the evidence and accurately determine what likely occurred. Therefore, the police report could be helpful when building your case.
  • Witnesses – Witnesses can be essential because they might have a better perspective on what occurred. A witness may have noticed the other driver had taken their eyes off the road before hitting your car. You should ask any witnesses if they could wait and give a statement to the police. If they can’t, be sure to get their contact information and a brief statement in writing before they leave. Your personal injury attorney may decide to subpoena them later to provide their account of what happened.

Talk to a Chicago Distracted Driving Lawyer

The distracted driving lawyers at Staver Accident Injury Lawyers, P.C. have seen many instances of a driver whose negligent behavior caused an accident. If you were a victim of a distracted driver, we don’t believe you should have to be responsible for one cent of your medical bills and car repairs. Our car accident attorneys serve clients throughout the Chicago area, including Aurora, Elgin, Hinsdale, Joliet, Naperville, and Waukegan. Let us help you fight the insurance company for a fair settlement, so you don’t have to worry about where to find the money for your bills.

To speak to one of our lawyers, call us today at (312) 236-2900 and schedule a free consultation.

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(312) 236-2900
(312) 236-2900
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