One of the consequences of living in a digital age, whether good or bad, is that few things we post to the internet can ever be truly deleted. In the event of a distracted driving accident claim, this can be good for the claimant and bad for the defendant. We discuss how to prove another driver was distracted immediately before a crash.
Strengthening a Distracted Driving Claim
According to the Centers for Disease Control and Prevention (CDC), distracted driving kills approximately eight people in the United States per day. Despite the high risks of distracted driving, many motorists still decide to participate in it.
Distracted driving can take many forms, but the most notorious form is using a smartphone while driving. The laws on this activity vary from state to state; in Alabama, it is illegal for motorists under the age of 18 to use any handheld communication device while operating a vehicle. This includes smartphones, laptop computers, electronic gaming systems, and more. The most common offending device in a distracted driving claim, however, is a smartphone.
If you suspect that a teenager was distracted by a smartphone or another handheld communication device immediately before your crash, there are several pieces of evidence to collect to strengthen your claim, including the following:
- Timestamps from the device. If the other driver did not delete their call and text records after the crash, the timestamps of these calls and texts can be compared to the time of the crash to determine whether the driver was making a call or sending a text right before the incident.
- Records from the phone company. Sometimes, the other driver will delete their digital records after a crash in an effort not to be found guilty of distracted driving. However, many people may not realize that these records are not permanently deleted; they remain in their phone carrier’s records. These records may be subpoenaed to prove distracted driving occurred.
- Clues from social media. If the other driver was using social media right before a crash, it may be possible to search through their accounts and determine if they shared a post or sent a Snapchat “Snap” to a friend right before the crash.
Gathering such evidence is complicated and requires the expertise of a seasoned legal professional. If you or someone you love has been harmed by a distracted driver, our Mobile personal injury attorneys are here to help. We have a strong track record of success in motor vehicle accident cases, and we can help you seek justice.
Call Cunningham Bounds, LLC at (251) 299-0101 to schedule a free, no-obligation consultation.