How to Prove Distracted Driving Caused Your Injury

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How to Prove Distracted Driving Caused Your Injury

July 10, 2021
By Lafferty Gallagher Scott

Distracted driving is one of the main causes of traffic accidents in Ohio and throughout the rest of the country. Many people automatically think of texting and driving when they consider distracted driving, but there are many other types of distractions, as well. Rowdy passengers, loud music, and even eating behind the wheel are all forms of distractions that can result in a crash. 

Although distracted driving is extremely common, it is also one of the most challenging things to prove when trying to recover damages for a crash. It is difficult to prove that a driver was distracted when you were not in the same vehicle as them. If you have been hurt by a distracted driver, our Ohio car accident lawyers can collect the evidence you need to prove your claim.

Police Reports

It is important to call police to the accident scene as soon as possible. After law enforcement arrives, an officer will write and file a police report which may indicate the other driver was at fault. If you did see that the other driver was distracted in the moments before the crash, make sure you tell the officer on the scene this so they will include it in their report.


Anyone who saw the accident occur is a witness and may be able to testify that the at-fault driver was distracted prior to the crash. Bystanders, other drivers, and passengers in vehicles involved are all potential witnesses that can make statements to help prove your claim.

Cell Phone Records

In most cases, it is illegal for drivers in Ohio to hold a cell phone while driving. An Ohio car accident lawyer can subpoena the at-fault driver’s cell phone records, which can indicate whether they were texting or on the phone at the time. Cell phone records are admissible in court and are strong evidence that can help prove your accident claim.

Videos and Photographs

It is important to take pictures after any accident, but those alone may not prove the negligent driver was distracted at the time of the crash. Fortunately, more and more people are installing dash cams in their vehicles, and that footage can also be subpoenaed to help prove your claim. Additionally, nearby businesses may also have a video surveillance system that captured footage of the crash.

An Admission of Guilt

Another driver may openly admit they were at fault for a crash in the moments following the accident. For example, they may say, “Sorry, I was trying to answer a phone call and did not see you.” This is great evidence, particularly if you are settling out of court, but it is still important to work with a lawyer that will know how to use these statements.

Our Car Accident Lawyers in Ohio Can Help You Obtain the Damages You Need

It is challenging to prove a driver was distracted and caused your injury, but our skilled Ohio car accident lawyers at Lafferty, Gallagher & Scott, LLC, know how to do it. Call us today or contact us online to schedule a free consultation so we can get started on your claim.










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