Texting while driving, posting to social media or even manually placing a phone call are all forms of digital distraction. When people take their hands off the wheel to handle a device and focus their brains on electronics instead of road safety, they can easily cause preventable crashes.
Most people recognize that texting while driving could constitute negligent behavior, as it directly increases the risk of a collision. Texting while driving is also a violation of Idaho traffic regulations. How do those injured by distracted drivers prove they used their phones before causing a crash?
Locating objective evidence
In some cases, there could be video footage of the collision or the moments immediately before the collision that can validate the claim that a driver had their phone in their hands or was staring down at their device instead of looking ahead at the road. Other times, it might be necessary to obtain phone records.
Authorities can subpoena phone records when investigating collisions. Attorneys representing those harmed by collisions may also be able to access records maintained by service providers and also the companies that provide apps. Proof of distraction is not always necessary if an analysis of the crash makes it clear that one driver did something unsafe, such as failing to yield at an intersection or driving too close to other vehicles and traffic.
Having experienced legal guidance in reviewing a collision report and discussing possible causes of the crash can help people hold the driver at fault accountable. Evidence of misconduct is often helpful but not always necessary for those seeking compensation after a motor vehicle collision.