Proving distracted driving after a car crashThe other driver didn’t run a red light, wasn’t speeding, and wasn’t drunk. So what caused him to cross the center line and run you off the road? He probably took his eyes off the road to do something unrelated to driving, and that was enough time to get off-course. However, proving that’s what happened to hold him accountable for your injuries won't be easy.

Our knowledgeable car accident attorneys know how to locate the evidence needed to prove negligence. If you suspect distracted driving caused your crash, contact our team as soon as possible.

What Our Team Will Do to Prove Distracted Driving

To put together a convincing claim for damages with the at-fault driver’s insurance company, a personal injury attorney will gather evidence to prove their client’s actions clearly caused the crash. When distracted driving is suspected, the injured victim’s attorney takes the following steps to prove it:

  • Investigate the scene. Examining photos or video surveillance of the scene for skid marks, damage to surrounding landmarks, and dents and scrapes on the cars involved provides a lot of information about how the crash happened.
  • Get cell phone records. If the at-fault driver was talking on the phone—or sending or receiving a text—at the time of the crash, cell phone records show this and could prove that he was distracted. Checking social media activity could also reveal evidence of distraction.
  • Request the police report. Officers who respond to the scene of a crash usually try to determine what happened and may issue citations if they believe a driver committed a traffic violation. Their version of events might help prove negligence.
  • Talk to witnesses. When crashes happen in urban areas, there are often bystanders who can describe what happened. They might have even seen the driver on his phone, eating, or turning to the back seat immediately before the crash.

If the evidence gathered by the injured driver’s attorney doesn't convince the at-fault driver’s insurance company to offer fair compensation, the next step might be to file a lawsuit.

Mahaney & Pappas LLP Fights for Victims of Distracted Driving Crashes

It may not be easy to prove that a distracted driver caused the crash that left you seriously injured, but our personal injury team is experienced in accident investigations and will work hard for the compensation you deserve. Schedule your free consultation to discuss your options today.


Joseph M. Mahaney
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Injury lawyer serving car, truck, and motorcycle accident victims in Webster and Framingham, Massachusetts.