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How to Prove You Were Injured by a Distracted Driver
Distracted driving is a leading cause of motor vehicle accidents in Alabama and throughout the country. Proving that a distracted driver caused a crash can be challenging, so it’s vital to seek the counsel of a personal injury attorney with experience handling these types of cases. At Moore Law Firm, our distracted driving attorneys in Mobile, AL know how to gather relevant evidence, prove fault, and build a strong case to prove negligence. We help you understand how to demonstrate that you were injured by a distracted driver and recover the compensation you need to protect your health and financial future.
What is Distracted Driving?
Any activity that diverts your attention from operating a vehicle is considered distracted driving. Generally, distracted driving falls into three categories:
Manual – Taking your hands off the wheel, such as eating or reaching for something when driving.
Visual – Taking your eyes off the road, such as looking at your phone, GPS, or external distractions such as a billboard or a car accident.
Cognitive – Daydreaming and talking with passengers are common types of cognitive distractions.
If your distracted driving lawyer can demonstrate that a driver was engaged in any of these activities at the time of the crash, they may be liable for damages.
Distracted Driving Laws in Alabama
According to Drive Safe Alabama, fatalities associated with distracted driving have increased 67.5% since 2017. Texting while driving is particularly dangerous because it involves all three forms of distraction. A texting driver is 23 times more likely to be involved in a crash than those who don’t use their phones behind the wheel.
The state of Alabama takes the dangers of distracted driving very seriously. As of June 15, 2023, it is against the law to hold a cell phone or any other electronic device while driving in Alabama. This means that texting, calling, taking photos, or using apps is prohibited. A driver can make or receive calls via hands-free devices. For a first offense, you’ll pay a fine of $50 and receive one point on your license. A second offense is $100 and two points, and a third offense is $150 and three points. Your driver’s license may be suspended for more than three offenses.
Although there is no federal law that bans texting or using a wireless phone while driving, the Federal Motor Carrier Safety Administration (FMCSA) prohibits commercial drivers from texting and using handheld cell phones while driving, except in emergencies. If you or a loved one has been hurt in a truck accident, it’s vital to contact a distracted driving lawyer who can determine whether the driver was at fault.
Proving a Driver Was Distracted
There are many different ways to demonstrate that a driver was distracted when an accident occurred. Our distracted driving accident lawyers in Mobile recommend taking the following steps after a crash.
Collect Evidence at the Scene
Collecting evidence immediately after an accident is vital to proving who was at fault. If possible, take photos of the scene, including damage to vehicles, your injuries, traffic signals, skid marks, and road conditions. If you believe a distracted driver caused a crash, taking pictures of items like a phone or remnants of food on the floor of their car can help prove your case. You can also let the police know what you observed instead so they can check it out.
When talking to law enforcement officers, make sure to mention that you suspect distracted driving caused the accident. If possible, get a copy of the police report at the scene. You should also talk to bystanders, drivers, and passengers who witnessed the crash and get their contact information. If they saw the other driver talking on the phone, texting, or engaging in other distractions, their testimony can provide valuable evidence that backs up your claim.
Get Surveillance or Traffic Camera Footage
Visual evidence is some of the strongest evidence you can obtain in a distracted driving accident case. Some intersections and roads have traffic cameras that record 24 hours a day. In addition, security cameras at nearby homes or businesses may catch footage and provide proof that a driver was distracted when a crash happened. It’s important to act fast to obtain this footage, as it may be overwritten or deleted in short period of time. A distracted driving accident attorney can take steps to get this evidence as soon as possible and may take legal action such as a subpoena to obtain it.
Obtain Cell Phone Records
The time and date of sent and received text messages, phone calls, app usage, and other data can reveal whether someone was using their phone at the time of the accident. You will likely need a subpoena to obtain phone records, so it’s important to contact a distracted driving accident lawyer who can get the process started in a timely manner.
Consult Accident Reconstruction Experts
Our personal injury lawyers often enlist the help of accident reconstructionists to prove fault in car crash cases. These experts analyze evidence such as skid marks, damage to vehicles, and data collected by a car’s event data recorder to recreate how the collision occurred. They may be able to provide expert testimony that strengthens your claim that the driver was distracted and at fault for the crash.
Hire a Distracted Driving Accident Attorney
Unfortunately, insurance companies often try to avoid liability and minimize or deny car accident claims. They may dispute that their insured party was at fault, downplay the severity of your injuries, or try to twist your words and put the blame on you. Before you give them a statement, sign anything, or accept a settlement, contact our Mobile auto accident lawyers.
Having a personal injury attorney who’s well-versed in distracted driving accident claims and Alabama traffic laws can increase your chances of recovering fair compensation for your injuries and other damages, such as lost wages and pain and suffering. Our distracted driving accident lawyers handle all communications and negotiations with insurers so you and your family can focus on your recovery.
Proving you were injured by a distracted driver can be an uphill battle, but our car accident attorneys know how to put all the evidence together and create compelling arguments that effectively demonstrate the other driver’s negligence. We help you understand your options and fight tirelessly to help you find the justice and compensation you deserve.
Contact Our Mobile Distracted Driving Accident Lawyers
Our dedicated team at Moore Law Firm is passionate about helping personal injury victims and their families get through challenging times. Over the past 40 years, we’ve served more than 15,000 clients throughout Alabama. To schedule a consultation with a distracted driving attorney in Mobile, AL, contact us online, call us at 251-445-7602, or use the convenient chat feature on our website.