How to Prove Distracted Driving in a New York Car Accident Case

Our Bronx car accident lawyers know how to gather the facts

When you’re involved in a car accident, few things are more frustrating than knowing the other driver was distracted but struggling to prove it. In New York, distracted driving is a serious offense that can lead to severe collisions and injuries.

Proving that the other driver was distracted at the time of the crash can make all the difference in your case. An experienced Bronx car accident attorney can advise you of your rights and options, investigate your crash, and fight for fair compensation.

What is distracted driving, and how does it affect your case?

Distracted driving involves any activity that diverts a driver’s attention from the road. In New York, the streets and highways are often congested with traffic. This makes distracted driving especially risky. It’s not just limited to texting or making phone calls. It can include:

Visual distractions: These occur when a driver takes their eyes off the road. Common examples include checking a GPS, looking at a billboard, or glancing at a phone.
Manual distractions: This type involves taking one or both hands off the wheel, often to engage in activities like eating, adjusting the radio, or holding a phone.
Cognitive distractions: These occur when a driver’s mind isn’t focused on driving, such as engaging in conversation or daydreaming.

What evidence can help prove distracted driving?

When you’re trying to prove distracted driving, you need more than just a gut feeling that the other driver wasn’t paying attention. You’ll need evidence that supports your claim. New York follows a comparative negligence system, which means the percentage of fault assigned to each party can affect how much compensation you receive.

When building a case to prove distracted driving, collecting the right evidence is key. Here are a few types of evidence that can strengthen your claim:

Eyewitness testimony

Witnesses can provide unbiased accounts of how your car accident occurred. Passengers, other drivers, or pedestrians may have noticed the at-fault driver using their phone, eating, or engaging in another distracting activity.

Phone records

One of the most straightforward ways to prove distracted driving is by obtaining the other driver’s phone records. These can show whether they were texting or making a call at the time of the crash. Phone records are often obtained through legal processes, so working with an attorney is helpful in acquiring this evidence.

Traffic camera footage

In many areas of New York, traffic cameras monitor intersections and highways. If a camera captured the moments leading up to the accident, it could show whether the driver was looking down at their phone or otherwise distracted.

Social media posts

Believe it or not, some drivers will post to social media while driving. If the at-fault driver was live-streaming or posting at the time of the crash, it can be used as powerful evidence to prove distracted driving.

What challenges exist when proving distracted driving?

One of the most significant obstacles is obtaining direct evidence. Unless the driver openly admits they were distracted, proving this claim often involves piecing together circumstantial evidence. This is especially true when there are no digital records available to prove distracted driving. For example, the at-fault driver may have engaged in another distracting behavior that didn’t involve their cell phone.

How can a police report support my claim?

The police report is one of the most important documents in a car accident case. After a collision, law enforcement officers will likely arrive at the scene to assess what happened, speak to witnesses, and document key details.

If the police observe that the other driver was distracted, they may include it in their report. This report can be used to support your case, particularly if the officer issued a citation for distracted driving.

Police officers may also include statements from witnesses who saw the driver’s behavior. These witness statements might make it easier to prove distracted driving when it’s time to pursue a claim.

How can an attorney help me prove distracted driving?

Proving distracted driving can be challenging without legal assistance. An experienced Bronx car accident attorney can gather the right evidence and build a compelling case on your behalf.

An attorney can help by doing the following:

Obtain phone records: Legal processes are often required to obtain cell phone data. Your attorney can issue subpoenas to phone companies, requesting records that show whether the driver was texting, calling, or using apps during the accident.
Depose the other driver: Attorneys can conduct depositions, where the at-fault driver is questioned under oath. This can reveal whether the driver admits to being distracted at the time of the crash.
Secure expert witnesses: Accident reconstruction experts and other specialists can be brought in to analyze the scene and provide expert testimony. These professionals can help determine whether distracted driving played a role in the crash.

What steps should you take if you suspect distracted driving caused your accident?

If you believe distracted driving played a role in your car accident, taking immediate action can strengthen your case. Here are a few steps you should follow:

Call the police: Always report the crash and request a police officer to file a report. Make sure to mention any observations you made about the other driver’s behavior, such as seeing them on their phone.
Gather evidence at the scene: If possible, take photos of the accident scene, vehicle damage, and any injuries. If there are witnesses, ask for their contact information and statements.
Seek medical attention: Even if your injuries seem minor, see a doctor right away. Medical records are important for documenting the impact of the car accident.
Report the crash to your insurance provider: You’re required to report the car accident to your insurance carrier. Only provide basic information such as the date, time, location, and who was involved.
Avoid speaking to the other driver’s insurance company: If you’re pursuing damages from the other driver’s insurance company, they may contact you for a recorded statement. Anything you say can be used against your claim. It’s best to let an experienced attorney do the talking for you.
Save all medical documentation: Keep all bills, receipts, and appointment logs, as they can help quantify your damages. Also, keep a daily journal of your pain and suffering.

Our Bronx attorneys deliver results and justice for crash victims

When a car accident in the Bronx turns your life upside down, you need a legal team that knows how to fight back. At Giampa Law, we don’t just represent you – we stand with you, every step of the way.

Our legal team has won millions for clients, including a $1.5 million settlement in a rear-end collision case and a $950,000 settlement for a pedestrian who suffered a skull fracture. With us, you’re never just another case. We take your car accident personally and work tirelessly to get the compensation you deserve.

We do it all on a contingency fee basis, which means you only pay if we win. Contact us online or call us today to schedule your free consultation. Let us help you get the justice you deserve.

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