Distracted driving is one of the most pressing safety issues on the New Jersey roads. Thousands of drivers every day turn to their mobile devices while in traffic instead of focusing on safety.
You may have realized that the driver who struck you was distracted because you could see that they didn’t have their hands on the wheel or you could see the illumination of their phone shining up from their lap. However, those who cause collisions due to distraction are often loath to admit their own responsibility for the wreck that just occurred.
How do you prove that someone caused a crash because they drove while distracted?
Look for video footage
Some drivers have dashboard cameras installed in their vehicles. If you, the other driver or anyone else nearby has such a camera on their vehicle, the footage it captured could be crucial evidence. There are also thousands of traffic cameras at major intersections across New Jersey. The footage those cameras capture could sometimes help those dealing with the fallout of a crash.
Finally, security camera footage from businesses and homes could help show a side angle of a driver who does not have their eyes on the road or their hands on the wheel.
Check the mobile phone records
If the other driver does not want to admit their distraction, police will likely need to investigate further to determine what caused the crash. They could potentially secure records from the phone company that can affirm whether someone was on a call, accessing social media or sending a text message at the time of the crash.
Even when someone deletes information from their device or disposes of their phone, the company providing their phone service and the businesses operating the apps that they use have records that police and courts can obtain with warrants or subpoenas.
Occasionally, you could successfully pursue a personal injury claim without necessarily proving that the other driver had their phone in their hand. If the maneuvers they performed immediately prior to your crash were obviously illegal or negligent, you don’t necessarily need to show why they broke the law or drove unsafely, only that their choice to do so caused your crash.
Gathering the right evidence will be very important for those seeking justice after a distracted driving wreck.
