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How Does a Greenwood Car Accident Lawyer Prove Distracted Driving by the Other Driver?

Even though we know it’s dangerous, we still text and drive. Distracted driving is a problem everywhere in this country. Aside from drunk driving, distracted driving is the most common cause of car accidents in this country. Over a quarter of all accident fatalities are caused by distracted driving. You’d think with all the public service announcements about distracted driving, people wouldn’t do it. However, the number of distracted driving accidents goes up every year.

Distracted driving is more than just texting and driving. Although texting and driving is the most common type of distracted driving, it’s not the only type. Some of the most common things that lead to distracted driving includes:

  • Texting and driving
  • Talking on the phone
  • Watching videos on handheld devices
  • Talking to other passengers
  • Eating
  • Putting on makeup or grooming
  • Playing with the radio
  • Searching for directions on GPS

All of these things can lead to a very serious accident. If a driver takes his eyes off the road for just a few seconds, he can end up causing an accident.

Your Greenwood Car Accident Lawyer Can Prove Distracted Driving

You would think it was easy to prove distracted driving. One driver is doing what he’s supposed to while the other isn’t. However, it’s never this easy. Your Greenwood accident attorney is going to have to prove that the other driver was at fault. They may have to prove this to the driver’s insurance company if your claim is denied. Insurance companies deny claims for many reasons, including:

  • The policy wasn’t valid
  • They don’t believe their driver was at fault
  • They don’t believe you were injured
  • They believe the accident was your fault
  • They think your injuries were caused by some other event

If the other driver’s insurance denies your claim, your Greenwood automobile accident attorney will have to take legal action. He’ll have to file suit against the other driver personally. In court, he will have to prove the other driver was guilty of distracted driving. There are many ways he can do this:

  • Get witnesses to testify that they saw the other driver texting, eating, or otherwise driving while distracted
  • Subpoena the driver’s cell phone records to prove he was texting or talking at the time of the accident
  • Subpoena the other driver’s dashcam video to show what he was doing at the time of the accident
  • Request copies of videos obtained by third parties such as highway cameras, street corner cameras, etc. These videos may show that the driver was otherwise engaged at the time of the accident
  • Get affidavits from passengers in both vehicles to prove that the defendant was doing something other than looking at the road at the time of the accident

Yes, it is possible for you to do these things yourself. But, keep in mind, the insurance company is going to have lawyers fighting for them. You don’t want to go up against them yourself. There are a lot of rules of evidence when it comes to a lawsuit. Your car accident attorney knows these rules. If you don’t present the evidence the right way, you may end up having your case dismissed.

Your Greenwood Car Accident Lawyer Has Handled Dozens of Distracted Driving Cases

If you’ve been involved in a distracted driving accident, you need to contact an experienced Greenwood car accident attorney. Your Greenwood car accident lawyer has handled dozens of distracted driving cases before. He knows what it takes to prove the other driver was at fault. He also knows what it takes to get you the compensation you deserve.

The other driver is also going to have a lawyer. His lawyer will claim that you were at fault. He will make it hard for your lawyer to get the information he needs to prove your case. He may refuse to turn over dashcam videos and cell phone records. He may force your attorney to get this information through discovery. This can be time consuming and expensive.

Contact a Greenwood Car Accident Lawyer

Your Greenwood car accident lawyer will try to settle your case. It is quicker and cheaper for everybody.  Trials are expensive. They can take months or even years to resolve. Your Greenwood car accident lawyer can negotiate a settlement with the insurance company to help resolve the matter quickly. He will fight to get you the money you deserve.

Contact a Greenwood car accident lawyer today to schedule your initial consultation. It costs you nothing and you don’t pay a dime until you win your case!

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