When discussing distracted driving, most people focus exclusively on distractions related to mobile devices. While it is true that there are many other sources of distraction that can contribute to crashes, many of them are very difficult to prove. Those affected by a collision have no way of proving that a driver was mentally distracted at the time of a crash. Even eating or drinking at the wheel while driving can be very difficult to prove unless an incident occurs in immediate proximity to traffic cameras.
Yet, in a more provable situation, drivers involved in a crash may notice someone’s phone in their hands and may reach the conclusion that texting while driving or social media use is what caused the collision that damaged their vehicle and injured people inside of it. How can someone prove that another driver chose to focus on a device instead of the road?
Personal injury plaintiffs have the ability to engage in discovery
Those embroiled in some kind of legal dispute can sometimes request certain types of evidence from the other party involved in the incident. For example, someone hurt at a business could request internal records including security camera footage to better establish their claims in civil court. It is sometimes possible for an individual involved in a crash that they believe was the result of digital distraction to request discovery access to certain cell phone records. Both data usage information from a service provider and information from specific app companies could be available in a civil court case.
The plaintiff’s lawyer can file appropriate paperwork requesting access to specific records. Discovery rights give someone the right to key records that could have a major effect on someone’s court case. Proof that someone actively transmitted data immediately prior to a crash could help solidify a plaintiff’s case if they pursue a personal injury lawsuit because of the expenses generated by a distracted driver.
Proving that distraction was the underlying cause of a recent motor vehicle collision can be difficult for an individual who is already coping with the consequences of crash-related injuries. Those who know their basic rights and who have assistance during litigation have a better chance of successfully pursuing compensation for their losses.
