Distracted driving claims countless lives and causes devastating injuries every year. The aftermath of such accidents can be overwhelming, leaving victims and their families grappling with physical pain, emotional trauma, and financial hardships.
When faced with these challenges, establishing accountability becomes a vital step toward securing justice and recovering damages. But what does it take to prove that distraction was indeed the cause? If you've been a victim of a distracted driving accident, you will need to gather the right evidence to prove fault and seek justice and compensation.
Understanding the evidence that can make or break your case is essential in holding the negligent party responsible. If you are unsure or overwhelmed, reach out to us at the Law Office of Jack M. Shapiro, P.C.
With over 15 years of experience in personal injury law, we’ve put together a comprehensive guide to help you identify and understand the types of evidence you will need to prove fault in a distracted driving accident.
Police Reports
When a distracted driving accident occurs, law enforcement will create an official police report. These reports are incredibly valuable in legal cases, as they often include:
Officer observations: The scene of the crash, reckless driving behaviors, or signs of distraction
Citations issued: Whether the distracted driver received a ticket for reckless behavior, such as texting while driving
Police reports are considered official documents and often carry significant weight in court. Based on the officer's professional judgment, they provide an unbiased overview of what happened. If you're facing a distracted driving claim, this is one of the first pieces of evidence we’ll secure for your case.
Eyewitness Testimonies
Eyewitness accounts can drastically strengthen your case. Witnesses who saw the collision or the moments before it happened can describe behaviors such as:
Erratic driving
Using a phone or mobile device while driving
Swerving or not paying attention to the road
Unbiased third-party statements are often seen as trustworthy evidence by juries, judges, and insurance companies. If we represent you, we’ll work diligently to track down witnesses and collect their testimonies to paint a clearer picture of the distracted driver’s actions.
Phone and Text Records
With smartphones being a leading cause of distraction, phone and text records often become a focal point in a distracted driving case. These records can indicate:
Whether the driver was texting at the time of the accident
Whether they were on a call or using apps while behind the wheel
However, acquiring phone records often comes with legal hurdles. At the Law Office of Jack M. Shapiro, P.C., we understand these complications and know how to pursue this evidence within the bounds of the law. We’ll present these records as strong, relevant proof of the other driver’s distraction at the time of the crash.
Traffic Camera or Dashcam Footage
Visual evidence is incredibly persuasive. Whether it’s from traffic cameras or a bystander’s dashcam, footage can clearly demonstrate distracted behaviors, such as:
Fumbling with a cell phone
Eating or drinking while driving
Reaching for an item in the back seat
If such footage exists, it can provide irrefutable evidence of the driver’s actions leading to the accident. Our personal injury attorney will work to gather any available visual evidence and use it effectively in your case.
Vehicle Data and Technology
Modern vehicles are often equipped with “black box” technology that tracks key driving metrics. Some common vehicle data that can be pulled from these devices and used to help prove fault in a distracted driving accident include:
Speed
Braking patterns
Steering inputs
Erratic or sudden changes in these metrics could indicate distraction. For instance, delayed braking or no attempts to steer away from a collision could be clear signs the driver wasn't paying attention. We collect this data to strengthen cases and demonstrate how distraction directly led to your accident.
Social Media or App Activity Logs
Social media posts or app usage logs can also reveal whether a driver was using certain apps or devices while driving. Some common types of evidence that can be pulled from social media or app logs include the following:
Posts on social media pages, such as Facebook, Instagram ,or Snapchat
Using delivery apps or scrolling feeds at the time of the accident
Acquiring this kind of data can be challenging, but our firm has the experience to handle such investigations. These details, though often overlooked, can solidify your claim.
Physical Evidence from the Scene
Items at the crash scene can often tell a story about what caused the accident. For example, the following types of evidence can help determine fault:
Open food wrappers or spilled drinks
Cosmetics or grooming tools
Navigation devices or gadgets thrown around the car
If the scene includes clear physical evidence of distractions, it can help corroborate other parts of your claim. Combining this with police reports and witness testimonies creates a compelling argument.
Expert Testimonies
Sometimes, proving distracted driving goes beyond direct evidence. Expert testimonies can provide professional insight to support your case. These types of testimonies might include:
Accident reconstruction specialists: Analyzing skid marks, broken glass, and other physical evidence to determine fault
Digital forensic experts: Reviewing phone or app usage logs to present them clearly in court
Medical experts: Explaining the extent of your injuries to show how the accident has impacted your daily life
At our firm, we work with trusted experts to cover every angle of your case with authoritative testimony. Expert insights often tie all evidence together, making your claim nearly bulletproof.
Take the Next Step to Strengthen Your Case
Distracted driving accidents are devastating and avoidable. Presenting the right evidence is key to holding the negligent party accountable and securing compensation. At the Law Office of Jack M. Shapiro, P.C., we’re committed to making your case as strong as possible.
We serve clients throughout Illinois, including Buffalo Grove, Vernon Hills, Schaumburg, and Mount Prospect. With over 15 years of experience in personal injury law, we have the experience to handle even the most complicated distracted driving cases.
Whether you’re navigating police reports, sifting through digital records, or securing expert testimonies, you don't have to handle it on your own. Schedule a consultation with us today.
