Suing a Distracted Driver

man texting and driving

Distracted driving can be more dangerous than driving under the influence of drugs or alcohol, according to driving experiments conducted by Car and Driver magazine. Yet people continue to drive distracted, with distracted driving claiming 3,450 lives in 2016 alone, according to the National Highway Traffic Safety Administration (NHTSA). You wouldn’t let a drunk driver get away with ruining your life; don’t let a distracted driver get away with their negligence. If you were injured in an accident caused by a distracted driver, learn how to hold them accountable for their actions.

How to Prove Negligence

The fact that a driver was distracted during an accident greatly increases the likelihood that they’ll be found liable for damages and face criminal charges. In order to win a lawsuit against a distracted driver, you’ll have to prove the driver was distracted during the incident. Below are three methods commonly used to prove a driver was distracted before or during the accident:

  1. Cell phone records. If a driver is arrested for texting and driving, police or a car accident attorney can obtain a subpoena for their mobile service provider to obtain timestamps for text messages and calls sent and received on the day of the incident.

  2. Witnesses. If the incident took place in a populated or residential area, there's a good chance someone witnessed the at-fault driver using their phone while driving. Make sure to identify witnesses at the scene of the incident and get the contact information from anyone you think could support your case.

  3. Police report. If you believe the at-fault driver was texting and driving, let the responding police officer know your suspicions. If the police are able to confirm this, they can issue a citation which can later be submitted in court.

Hire Qualified Representation

If you’ve been injured in a car accident caused by a distracted driver, our Manhattan personal injury attorneys are here to help. We’ve served Manhattan and New York clients successfully for over 50 years, and we’re equipped to guide you through the process smoothly.

Don’t let a distracted driver get away with their actions. Contact Loscalzo & Loscalzo for a free case consultation at (646) 846-4776 today!

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