The National Highway Traffic Safety Association (NHTSA) defines distracted driving as “any activity that diverts attention from driving.” This can include eating, drinking, talking to passengers in your vehicle, working the navigation system, and talking or texting on your cellphone. In 2022, the NHTSA reported 3,308 fatalities and 250,000 people injured in motor vehicle traffic crashes involving distracted drivers.
When you file a personal injury claim after a crash, the experienced Kansas City auto lawyers at Peterson & Associates, P.C. understand the challenges of proving negligence due to distracted driving. However, we know the types of distracted driving evidence needed to help support your claim. Here, we discuss what you need to establish distracted driving as the cause of your accident injuries.
Proving Negligence in a Kansas City Personal Injury Claim
Proving liability for a distracted driving accident depends on negligence, which requires a careful evaluation of the facts and circumstances surrounding the crash. To establish negligence, you must demonstrate the following four main elements:
- Duty of care. The at-fault driver owes a duty of care to other road users. This means every driver automatically assumes a responsibility to operate their vehicle safely and without distractions.
- Breach of duty. You must prove that the distracted driver breached their duty of care. This breach can be established by showing the driver was engaged in a distracting activity while operating the vehicle.
- Causation. You must show a direct link between distracted driving and the crash. This means showing the accident wouldn’t have happened if not for the driver’s distracted behavior.
- Damages. You must show that you suffered damages as a result of the distracted driving accident. These damages may include medical expenses, property damage, lost wages, and pain and suffering.
When the Negligent Behavior Involves Cellphone Use
In August 2023, Missouri made it illegal to text or even hold a cellphone while driving in the state. The current law applies to all drivers, regardless of their age. So, when the at-fault driver crashes into you because they were distracted by cellphone use, not only are they liable for your injuries, they’re also breaking the law. Here are types of evidence our attorneys will help gather for your claim:
Cellphone Records
A driver’s cellphone records are often strong proof of distracted driving. Through the legal discovery process, our Kansas City auto lawyers can subpoena the at-fault driver’s phone records. From these records, we know the exact times of calls that were made, texts that were sent, data usage, and if there was app activity around the time of the accident.
Courts regularly allow access to timestamps and usage patterns if they’re relevant to an accident case. While the records don’t divulge the content of the messages, they can show that the driver was using their phone when the accident happened.
Witness Statements and Testimony
It’s possible that eyewitnesses noticed the at-fault driver using their phone before the accident occurred. Passengers, other motorists, or pedestrians may have seen the driver looking down or holding a phone while driving. Responding police officers may also note signs of distraction in their official report.
This can be critical evidence for your claim, and our legal team will collect sworn statements from these witnesses as quickly as possible. We know how important it is to gather firsthand accounts while eyewitnesses still remember details of what happened. These statements carry a great deal of weight, particularly if more than one witness saw the same behavior from the driver.
Video Footage
If you can obtain video footage of the at-fault driver at the time of the accident, you may have indisputable proof that they were using their cellphone. There are a number of different types of sources, including the following:
- Traffic cameras along main roads and at intersections often capture the behavior of the vehicle drivers who pass within view. These cameras may capture irregular and unsteady driving movements of the at-fault driver that may suggest distraction, or they may capture the driver on their phone.
- Dashboard cameras from other nearby vehicles may have recorded the at-fault driver using their phone. Commercial trucks and rideshare vehicles often use these devices.
- Security cameras from businesses in the area may have actual footage of the accident and the at-fault driver on their phone. Our Kansas City auto lawyers know how to quickly request and preserve this valuable evidence.
Other Evidence
There may be physical evidence at the accident site that supports a claim of distracted driving. For example, if there are no skid marks, it might suggest that the at-fault driver didn’t try to brake their vehicle—a possible indicator that they weren’t watching the road.
Additionally, the position of the vehicles and severity of damage might indicate that the at-fault driver made no evasive maneuvers to avoid the crash. Our lawyers will document all physical evidence thoroughly and may consult accident reconstruction experts to analyze the crash dynamics.
Personal Injury Claims: the Significance of Social Media
There are two important points to be made about social media and personal injury claims, especially for distracted driving cases.
#1. If your at-fault driver was texting while driving or checking their text messages, it’s possible—and often likely—that they were checking or posting to their social media platforms. Our legal team will check the social media accounts of the responsible driver for posts, updates, or location check-ins during or around the time of the crash. This may not prove the at-fault driver was texting or posting, but it may be relevant if there were posts about their location right before the crash.
#2. It’s important that you, as the victim, stay off social media after you submit a personal injury case for distracted driving. Take a break from posting on any platform, as any piece of information and/or any photo can be used against you by the insurance company. Don’t discuss any details of your case or your opinions and perspectives about whether or not the driver was texting or distracted by their phone.
Get Help From Our Experienced Kansas City Auto Lawyer
Building a strong distracted driving case requires quick action to ensure that critical evidence is preserved. The legal team at Peterson & Associates, P.C. know exactly what proof to gather and how to obtain it legally to give you the best chance of a successful claim. Read our case results to learn how we have helped clients with their personal injury claims.