Did distracted driving cause your car accident?

By now, Seattle drivers should be aware of the dangers of distracted driving, which is any activity that takes a driver’s attention away from the primary task of driving.

Washington takes distracted driving seriously. In 2017, the Driving Under the Influence of Electronics Act was passed. This law forbids drivers to use hand-held cell phones while driving.

Despite this, distracted driving continues to be a factor in many serious or fatal car accidents.

Signs of a distracted driver

It is often easy to spot a distracted driver on the road. Their vehicle may be swerving between lanes, veering off the road or running stoplights. You might also see them looking down at a screen as they pass you.

With the dangers of distracted driving being so well-known, an accident with a distracted driver can leave you feeling angry and overwhelmed. You have a right to compensation after a distracted driving accident but proving distracted driving can be challenging.

Evidence such as witness statements, phone records and pictures and videos of the accident scene could prove the other driver was distracted.

If anyone witnessed the accident, perhaps they witnessed the driver making a phone call, looking at their phone, reaching for an item, eating or talking to a passenger. All these are forms of distracted driving.

Phone records and social media as evidence

You can try to subpoena the other driver’s phone records to prove they were using their phone at the time of the accident. Finding and reviewing the other driver’s social media can also provide evidence if the timestamps on the driver’s social media post were at the time the accident occurred.

Photos and videos of the accident scene can show evidence of distracted driving. A photo of your damaged vehicle could show that the other driver never attempted to swerve or prevent the accident, which could be evidence of distraction.

Distracted driving is negligent driving. Proving the other driver’s negligence is crucial, since they may claim your negligence contributed to the cash. This could potentially reduce your compensation.

Matthew D. Dubin

Matt Dubin has spent more than 20 years honing his skills as one of the top personal injury lawyers in the State of Washington. In his career, Matt has focused on protecting consumers from dangerous household products, medical mistakes, roadway accidents, and many other causes of injury. Matt has recovered nearly $20 million on behalf of his clients.

Education

• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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