It is highly unlikely that a driver will admit they even caused an accident, let alone that they were distracted at the time. However, proving fault is critical in fault-based auto insurance states like North Carolina.
Distracted driving is one of the hardest things to prove, simply because there is often so little evidence. Here are some potentially invaluable sources of evidence that could help you prove fault and obtain fair injury compensation:
The police report
Although evidence may be scarce, you can probably at least obtain the responding police officer’s accident report. It will contain many details about the incident, the scene, the vehicles and the drivers. It could even hold the officer’s observations regarding fault, such as suspicions of distracted driving.
Cell phone records
As you may know, electronic devices, including phones, are common driving distractions that result in motor vehicle accidents. Obtaining cell phone records can show whether the driver was texting or calling someone at the time of the accident. A subpoena can help you get access to these records.
Photographic evidence
Photos of the accident scene, including vehicle damage and road conditions, can help reconstruct the events for your claim. But you need not stop there. Vehicle dashcam footage or video from nearby security cameras could clearly show the other driver was distracted when the accident occurred.
These are just a few examples. Witness statements can also play a role in helping to prove distracted driving. In the hands of an experienced representative, even minimal evidence can help you obtain the injury compensation you deserve.
