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Fort Lauderdale Personal Injury Attorneys > Blog > Auto Accidents > Proving that Your Crash was the Result of Distracted Driving

Proving that Your Crash was the Result of Distracted Driving


Although most people know that distracted driving causes a significant number of car accidents every year, few are aware of how often they actually occur. For instance, according to the Centers for Disease Control and Prevention (CDC), distracted driving causes around one in five car crashes. This is also true for Florida, where the Department of Highway Safety and Motor Vehicles reports that as many as 25,000 people sustain injuries in accidents caused by distracted driving every year.

Fortunately, those who are injured in these types of accidents can seek damages from the distracted driver, whose negligence caused the crash to cover the cost of their injuries and other losses. However, proving that a driver was distracted can be difficult, so if you were injured in a car accident by a distracted driver, it is essential to retain a car accident attorney who has the experience and resources necessary to help you prove your case.

Defining Distracted Driving

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts attention from driving, which includes not only texting and talking on the phone, but also eating and drinking, talking to passengers in the vehicle, adjusting in-vehicle technologies, such as GPS systems and radios, and attending to children or pets in the back seat. Becoming distracted by external factors, like an accident on the side of the road, also plays a role in a surprisingly high number of distracted driving accidents.

Aggressive Careless Driving

In Florida, drivers who exhibit two or more of the following acts at the same time can be charged with aggressive careless driving:

  • Exceeding the speed limit;
  • Following another car too closely;
  • Making improper or unsafe lane changes;
  • Violating traffic signs and control devices;
  • Failing to yield; and
  • Passing improperly.

Aggressive driving is actually easier to prove than distracted driving, as eyewitness accounts and video footage can help establish whether a person was speeding, weaving, etc. Expert witnesses can also be used to calculate the speed at which a car was traveling prior to collision based on skid mark measurements and the damage sustained by the vehicles. Unfortunately, distracted driving is harder to prove, making it especially important for accident victims to speak with an attorney who can retain expert witnesses to testify that in their opinion, an accident was the result of distracted driving, such as texting. However, one of the best ways to prove that a driver was distracted is to gather evidence from the scene of the accident, including:

  • Pictures and videos of the scene, including tire marks and pictures of the interior of the at-fault driver’s car;
  • A copy of the police report written by responding officers;
  • The other driver’s cell phone records;
  • Eyewitness testimony; and
  • Traffic and private video footage.

In most cases, collecting this type of evidence is crucial to the outcome of a case.

Call Today for Help with Your Case

If you were injured when a distracted driver collided with you or your car, please call 954-566-9919 to schedule a free consultation with one of the experienced car accident lawyers at Boone & Davis today.



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