Evidence in Distracted Driver Accident Claims
Many people multitask their way through their days. At home, at school, or at the office, this habit is relatively safe. Behind the wheel, this habit is often destructive.
Today’s cars and trucks are loaded with gadgets. Indeed, many dashboards have large touchscreen monitors that are basically tablets. Additionally, many drivers over-rely on hand-held GPS devices. At the same time, traditional distractions, such as eating, drinking, or talking to passengers while driving, continue unabated. Add up these things and you get historically high distracted driver crash statistics.
Without a doubt, all distracted driver crashes cause serious injuries. However, a Carlsbad personal injury lawyer must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not, to obtain compensation for these injuries. Therefore, a combination of diligent evidence collection and effective evidence presentation is critical in these cases.
Primary Evidence
Medical records, the police accident report, and eyewitness statements are the primary evidence in distracted driving and most other car crash cases.
Medical records include clinical diagnosis, treatment, prognosis, and cost information. Additionally, medical records, specifically patient charts, often include physician notes regarding the victim’s pain level at certain times. These notes help a Carlsbad personal injury lawyer set a baseline amount for noneconomic damages in a crash case.
Emergency responders are not accident reconstruction professionals. However, they usually have experience in this area. Therefore, the police report’s narrative portion usually paints a fair picture of how the accident occurred.
Official reports also include the names and contact information of potential eyewitnesses. Even if the witness only saw part of the crash, that testimony might be the critical missing piece of the puzzle.
Supplementary Evidence
Don’t let this header fool you. In this context, “supplemental” does not mean “extra” or “additional.” Supplemental evidence in a distracted driver crash claim is often the difference between maximum compensation for serious injuries and settling for less.
Supplemental evidence in device distraction claims is usually electronic evidence, such as device use logs and telemetric data.
Hand-held and hands-free use logs often draw the line between an accident and negligence. If Tom was consistently using his phone before the crash, Tom was most likely negligent, as his attention was clearly divided. If Tom only touched his phone to ignore a call, the crash may have been a true wrong-place-at-the-wrong-time accident.
Usually, insurance company lawyers work to reduce the victim’s compensation. But insurance company telemetric data could have the opposite effect. These plug-in gadgets or smartphone apps record driver behavior, such as:
- Vehicle speed,
- Brake application,
- Engine RPM, and
- Steering angle.
In other words, a telemetric device is like a car crash eyewitness who cannot be incorrect or biased.
In both cases, attorneys must act quickly to preserve such evidence. Otherwise, the tortfeasor (negligent driver) may “accidentally” delete telemetric and device logs, robbing the victim of vital evidence in the case.
A lot is at stake. Compensation in a distracted driver case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Reach Out to a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
