These distractions include smartphones, GPS, eating, applying makeup, chatting with passengers, daydreaming, rubbernecking, and even adjusting the radio while driving. In fact, the dangers of distracted driving are all too common in San Diego and throughout the U.S. due to increased distractions while behind the wheel. It’s one of the most common causes of collisions in San Diego.
If you are involved in a traffic accident, you may suspect the other motorist of distracted driving. However, just because you believe or saw evidence of distracted driving doesn’t mean you have an open and shut case. You must be ready to convince the insurer or jury that the driver was indeed distracted and therefore caused the accident. Unfortunately, proving a distracted driving case without a good attorney can be tough. Good lawyers are experienced in handling car accidents, including distracted driving cases. They’ll help you build a strong case and pursue the justice and compensation you deserve.
Why a distracted driving case can be tough without a lawyer
Distracted driving involves a wide range of activities and behaviors that impede the safe operation of a vehicle. While state and federal laws allow victims of distracted driving to take legal action against the at-fault driver, handling the case on your own can be challenging. Several factors make distracted driving cases hard, including:
Lack of evidence
It may be challenging to find evidence to prove your distracted driving case. Unlike cases involving drunk driving, sideswipes, and speeding, there might be no physical evidence to support your claim. A drunk driving case may use breathalyzer test results, while a speeding claim can hinge on radar readings or witness statements.
However, distracted driving cases rarely have witnesses. Plus, the driver may deny that they were texting or engaging in distracting acts. But a seasoned car accident attorney can help you gather evidence. They can work with a team of forensic scientists to analyze driver’s phone records, GPS data, and police reports on tire skid marks, citations issued, etc. They can also use any evidence you have already collected, including photos of recently used electronic devices, open food containers, beverages, etc.
These pieces of evidence will help support your claim.
Apart from producing evidence of distracting activity or behavior, you must be ready to prove that the distraction indeed caused the accident. Causation may be tough to prove depending on intervening factors, including road hazards and terrible weather. Let an experienced attorney build your case. Lawyers familiar with laws regarding distracted driving usually work with expert witnesses to examine the resulting physical damage and reconstruct scenes showing how the driver acted in the minutes leading up to the accident.
Insurance bad faith
Insurance companies are money-making endeavors that would rather pay very few claims or none at all. Therefore, they may try to argue that road conditions or other errors beyond the motorist’s control were the cause of the accident. They may also request that you make a statement, hoping you will say something that will destroy your claim. Other insurance bad faith tactics include delaying claims, pressuring victims to accept settlements without consulting their attorneys, requesting unnecessary documentation, etc. Retaining a lawyer for your distracted driving case is a sign of seriousness. Insurers will be less likely to play games if a reputable car accident lawyer negotiates on your behalf.
Statutes of limitation
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Another factor that usually affects distracted driving claims is the state’s statute of limitations. In California, you have only two years from the accident date to file a case. Always work with an attorney to file your claim on time and correctly.
It can be tough to prove a distracted driving case on your own. Unlike speeding or drugged driving cases, there might not be witnesses, radar readings, or breathalyzer tests to use. However, an experienced car accident attorney can help you build a strong case and help you avoid being in financial ruin. They know the evidence to look for and experts to work with to prove who was at fault in the moments right before the accident. Schedule a free case evaluation with a lawyer at a reputable law firm today to explore ways they can benefit your case.