What Causes Driver Distraction?
Every driver on the road has the responsibility to drive distraction-free. Yet, from what can be gathered from various traffic safety reports and studies, most drivers are distracted every day. Groups like the National Safety Council (NSC) have produced surveys that show at least 20% of drivers admit to using a smartphone while driving, which does not even account for the survey participants who do use their phones but did not feel comfortable admitting it.
Distracted drivers are all over the road. The question for your claim becomes what did the driver who hit you do to distract themselves? Figuring that out can help prove liability and strengthen your claim’s chances of success.
Some of the most common forms of driver distractions are:
- Texting or otherwise using a smartphone
- Talking with a passenger
- Adjusting the GPS, radio, or music app
- Eating or drinking
- Self-grooming like applying makeup
- Reading a billboard
How to Prove the Other Driver was Distracted
As surveys have likely shown, the average motorist will not admit to being distracted behind the wheel. They would much sooner lie and say that they were paying full attention to the road because they know that admitting that they were distracted will raise their liability. The unfortunate truth is that you can’t expect the distracted driver who hit you to be forthright. You’ll need to prove that they were distracted with convincing evidence and arguments, which is where our legal team can step in and shine.
Evidence we can use to prove the other driver was distracted might include:
- Dashcam footage
- Traffic cam footage
- Eyewitness testimonies
- Police reports
In California, the state’s pure comparative negligence rule allows you to file a claim against another driver who hit you, regardless of your own liability. It also means that the less liable you are found to be, the more compensation you can recover, so our focus from the start of your case will be to reduce your liability as much as possible, hopefully down to 0%. Proving that you weren’t distracted but the other driver was looking at their phone, talking, etc. is a great starting point to shrink your liability.
Winning Big Recoveries, Case After Case
Our Fresno distracted driving accident lawyers are recognized names in legal circles and local communities thanks to our outstanding history of impressive case results. Make us a household name in your life, too, by allowing us to manage your distracted driving case in your name. Because we offer contingency fee agreements to our personal injury clients, you can take a virtually risk-free approach to pursue compensation – we don’t get paid attorney fees unless we win your case!