Distracted driving causes many car accidents in West Virginia each year. We have all seen distracted drivers on the road. They are drivers who are looking at their phones, talking to a passenger or displaying other behavior that clearly shows they are not paying attention to the road.
You may be involved in a car accident that was caused by a distracted driver and know that you have a right to compensation through a personal injury action.
However, proving a driver was distracted can be challenging. Here are some ways to prove the other driver.
Police reports and eyewitness statements
Pay attention to statements the driver makes after the accident. Sometimes they will admit they were distracted. They might apologize, admit they were talking on their phone or admit to some other type of distraction.
Their statements may be in a police report. You should always contact the police after a car accident and ensure a police report is made. Look for statements in the police report made by the other driver about being distracted.
Eyewitness statements can be evidence to prove a driver was distracted. Talk to any witnesses to the accident and learn what they observed. Collect their contact information to follow up later to see if they are willing to testify if necessary.
Video footage and cell phone records
Video or surveillance footage from surrounding homes or businesses, or dashcam footage from other vehicles, can show the other driver’s actions at the time of the accident. Footage that shows the other driver engaging in distracted driving behavior can be powerful evidence.
If you suspect the distraction was caused by using a cell phone, you can subpoena the other driver’s cell phone records. A review of the records can show any calls or texts made or received at the time of the accident or if mobile data was being used.
Proving a driver was distracted is just one step of the process of recovering compensation for your injuries. Showing negligence requires proving that the driver failed in their duty to drive safely by being a distracted driver and the distraction caused your accident.
Proving your damages
The final piece of establishing negligence is proving damages. Your damages are the amount of compensation you are asking for. For example, if you request $100,000 in damages for medical expenses, you must present documentation such as medical bills that total $100,000.
Additionally, West Virginia law follows a modified comparative negligence scheme. This means that your compensation is reduced in proportion to your own negligence. Even worse, if you are found to be 50% or more at fault for the accident, you receive no compensation at all.
Therefore, prepare yourself for the other driver to accuse you of being negligent as well. A court could determine that the driver’s distraction was 30% responsible for the accident but your speeding was 70% responsible. In that scenario, you would receive no compensation.
Distracted driving causes many car accidents in West Virginia each year. We have all seen distracted drivers on the road. They are drivers who are looking at their phones, talking to a passenger or displaying other behavior that clearly shows they are not paying attention to the road.
You may be involved in a car accident that was caused by a distracted driver and know that you have a right to compensation through a personal injury action.
However, proving a driver was distracted can be challenging. Here are some ways to prove the other driver.
Police reports and eyewitness statements
Pay attention to statements the driver makes after the accident. Sometimes they will admit they were distracted. They might apologize, admit they were talking on their phone or admit to some other type of distraction.
Their statements may be in a police report. You should always contact the police after a car accident and ensure a police report is made. Look for statements in the police report made by the other driver about being distracted.
Eyewitness statements can be evidence to prove a driver was distracted. Talk to any witnesses to the accident and learn what they observed. Collect their contact information to follow up later to see if they are willing to testify if necessary.
Video footage and cell phone records
Video or surveillance footage from surrounding homes or businesses, or dashcam footage from other vehicles, can show the other driver’s actions at the time of the accident. Footage that shows the other driver engaging in distracted driving behavior can be powerful evidence.
If you suspect the distraction was caused by using a cell phone, you can subpoena the other driver’s cell phone records. A review of the records can show any calls or texts made or received at the time of the accident or if mobile data was being used.
Proving a driver was distracted is just one step of the process of recovering compensation for your injuries. Showing negligence requires proving that the driver failed in their duty to drive safely by being a distracted driver and the distraction caused your accident.
Proving your damages
The final piece of establishing negligence is proving damages. Your damages are the amount of compensation you are asking for. For example, if you request $100,000 in damages for medical expenses, you must present documentation such as medical bills that total $100,000.
Additionally, West Virginia law follows a modified comparative negligence scheme. This means that your compensation is reduced in proportion to your own negligence. Even worse, if you are found to be 50% or more at fault for the accident, you receive no compensation at all.
Therefore, prepare yourself for the other driver to accuse you of being negligent as well. A court could determine that the driver’s distraction was 30% responsible for the accident but your speeding was 70% responsible. In that scenario, you would receive no compensation.
Because the negligence laws can be harsh, being prepared and building the strongest case possible is necessary.
