Many drivers in this day and age overestimate their abilities to multitask while driving. For example, thousands of drivers operate motor vehicles while simultaneously using electronic devices. Distracted driving is an extremely dangerous behavior that increases the risk of a car accident. If you believe that the other driver involved in your collision in Milwaukee was distracted, learn how to prove your claim and recover financial compensation.
Common Driver Distractions
According to the National Highway Traffic Safety Administration, nine percent of fatal car accidents that took place in 2019 involved distracted drivers. The first step in proving your case is recognizing what distracted the driver. This can help you understand what type of evidence to search for. The most common – and dangerous – type of driver distraction is the cell phone. Other things that may distract a driver, however, are:
- Eating or drinking while driving
- Reading or looking at a map
- Changing the temperature or radio station
- Trying to find something that fell on the floor
- Talking to passengers
- Dealing with kids or pets in the car
- Grooming or applying makeup
- Reading billboards
Without a confession from the driver or testimony from a passenger who was inside of the vehicle, it can be difficult to determine exactly what distracted a driver. In some cases, however, there is evidence such as food wrappers available. Other signs can also prove a driver was distracted, such as evidence from the crash scene that shows the driver did not hit his or her brakes before impact.
Evidence Often Used in a Distracted Driving Lawsuit
Evidence is key to your car accident case in Milwaukee. As the injured victim in a lawsuit, you have the burden of proof. This means you or your lawyer must prove that what you are claiming is most likely to be true before you can recover financial compensation. A Wisconsin personal injury lawyer can help you preserve, collect and present evidence to support your claim that the other driver was distracted. This evidence may include:
- A copy of the police accident report
- An opinion from an officer about the cause of the crash
- Driver admission
- The driver’s cell phone records
- Stories and statements from passengers and eyewitnesses
- Photographs and videos from the scene of the crash
- Pictures of potential distractions
- Traffic or business surveillance camera footage
- Car accident reconstruction
- Testimony provided by a car accident expert
Crash statistics for 2019 found that 3,142 victims lost their lives due to distracted drivers in the U.S. The death toll from 2012 to 2019 exceeds 26,000 people. If the other driver involved in your crash ran a red light or stop sign, pulled out in front of you, rear-ended you, or didn’t appear to see you before the collision, there is a high likelihood that he or she was distracted. Work with an attorney who can help you prove that this was the cause of your crash.
How a Car Accident Lawyer Can Help
Hiring a car accident lawyer is the most effective way to prove a distracted driving accident claim. An attorney will explore all potential sources of evidence against a distracted driver on your behalf. Your attorney can also help you collect information that would otherwise be difficult for you to obtain, such as subpoenaing the other driver’s cell phone provider for records.
An attorney is also an expert storyteller. This can improve your odds of convincing an insurance company, judge or jury that the other driver was distracted and that your car accident would not have occurred had he or she been paying attention. Finally, an attorney will have connections to resources that can support your claim, such as accident reconstructionists and distracted driving experts.
It can be especially important to hire an attorney if you have a lot on the line during your car accident case, such as if you or a loved one suffered a catastrophic injury. For more information about how an attorney can help you prove a distracted driving claim, contact a Milwaukee car accident attorney today.