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How Can I Prove a Driver Was Distracted After a St. Louis Car Crash?

Here are a few ways a St. Louis car accident can help you prove that the other driver was distracted at the time of the accident.

Distracted driving claimed 2,841 lives in 2018 alone. If you’ve been injured in a car crash in St. Louis and you suspect that the other driver was distracted, you may be able to avoid liability for the crash, recover damages from the other driver’s insurance company, or even file a personal injury suit.

But how can it be proven that distracted driving was involved in a car accident? Here are a few ways that St. Louis car accident lawyers can help you prove the other driver was distracted.

st. louis distracted driver

1. Testimony From You, The Driver, & Witnesses

If you witnessed the other driver using their phone, eating, putting on makeup, or doing anything else that may have contributed to the accident, tell the police when they arrive. The other driver will also have to provide their testimony and may admit fault.

It’s also important to collect witness testimony. If multiple third parties can confirm that they saw  that the other driver was distracted, this can help you win your case and ensure the other driver is held liable. 

2. The Police Report 

You should always request a copy of the police report after an accident. This will include the observations of the officer at the scene, information about the statements provided to the officer (such as admissions of distraction), and details about what the officer found on the cell phone of the driver, if applicable. 

3. Corroborating Evidence At The Scene Of The Accident

If you say that you were hit while a driver was eating a hamburger, for example, the police may note the presence of the half-eaten sandwich or a fast food bag in their vehicle, which can help strengthen the case for distracted driving. Do your best to look for this evidence, if possible, and point it out to the police while they are surveying the scene.

4. Cell Phones & Call/Text Records 

If the person was talking on the phone or using SMS text messaging, cell phone records can be subpoenaed to show when the activity was happening.

In addition, the phone itself may be confiscated and inspected to see if the driver was using social media or any other app, since this evidence won’t show up on phone records.

5. Video Evidence From Surveillance Footage

An experienced attorney can assist you greatly by looking for nearby businesses, government buildings, or even traffic cameras to try to get video footage of the accident, which could show the distracted driver and what they were doing. Video or photo evidence of distraction is a huge help for proving your case.

Hit By A Distracted Driver? Get Help From An Experienced St. Louis Auto Accident Attorney

Hiring a St. Louis car accident attorney is a great idea if you’re hit by a distracted driver. Your lawyer can help collect evidence, build your case, and ensure you get the compensation you deserve from the other driver and their insurance company.

Free Consultation with a St. Louis Car Accident Lawyer

Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Free Consultation (314) 361-4242
Updated: July 16, 2020