How Does an Albany Automobile Accident Attorney Prove Distracted Driving by the Other Driver?

October 9, 2019

Despite the daily reminders not to do it, people still text and drive. Distracted driving is a problem no matter where you go in this country. Aside from drunk driving, distracted driving is the most common cause of car accidents in this country. Over 25% of all accident fatalities are the result of distracted driving. You would think that, knowing this, less people would do it. However, instead of decreasing, the number of distracted driving accidents goes up every year.

When we think of distracted driving, we’re not just talking about texting and driving. Yes, texting and driving is the most common type of distracted driving. However, there are all sorts of ways drivers drive distracted. Some of these ways include:

  • Texting and driving
  • Talking on the phone
  • Watching videos on handheld devices
  • Talking to other passengers
  • Eating
  • Putting on makeup or grooming
  • Playing with the radio
  • Searching for directions on GPS

Any of these activities can cause a driver to get into an accident. If we take our eyes off the road for just a few seconds, we can end up causing an accident.

Your Albany Automobile Accident Attorney Can Prove Distracted Driving

It’s easy to list the ways in which someone can be guilt of distracted driving. Proving it is another matter entirely. If you get in an accident, you’ll have to file a claim against the other driver’s insurance company. If claim is denied, it could be for a number of reasons, including:

  • The policy wasn’t valid
  • They don’t believe their driver was at fault
  • They don’t believe you were injured
  • They believe the accident was your fault
  • They think your injuries were caused by some other event

If their insurance denies your claim, your automobile accident attorney will have no choice but to take legal action. They’ll have to file a lawsuit against the other driver personally. In order to do this, he’ll have to prove the other driver was guilty of distracted driving. There are many ways he can do this:

  • Get witnesses to testify that they saw the other driver texting, eating, or otherwise driving while distracted
  • Subpoena the driver’s cell phone records to prove he was texting or talking at the time of the accident
  • Subpoena the other driver’s dashcam video to show what he was doing at the time of the accident
  • Request copies of videos obtained by third parties such as highway cameras, street corner cameras, etc. These videos may show that the driver was otherwise engaged at the time of the accident
  • Get affidavits from passengers in both vehicles to prove that the defendant was doing something other than looking at the road at the time of the accident

Technically, you could do all of these things yourself. However, there are rules and procedures for going about doing this. You are not familiar with them. If you don’t go about obtaining the information the right way, you may end up having your case dismissed.

Car Accident Attorneys in Albany Have Handled Dozens of Distracted Driving Cases

If you’ve been injured in a distracted driving accident, contact an experienced Albany car accident attorney today. Your lawyer has handled dozens of distracted driving cases before. He understands what it takes to prove the other driver was at fault. He also understands what it takes to get you the compensation you deserve.

As you can imagine, the other driver is also going to have a lawyer. His lawyer will argue that you were at fault. He will make it difficult for your attorney to get the information he needs to prove your case. He may encourage witnesses to refuse to cooperate. He may refuse to voluntarily turn over dashcam videos and cell phone records. If he forces your attorney to get this information through the courts, it can become expensive and time-consuming,

If this happens, your attorney is going to suggest that you try to settle your claim. A settlement is always a good thing to consider. Trials are expensive. They take months or even years to complete. Your lawyer will try to negotiate a fair settlement with the defendant’s insurance company or attorney so you can resolve the matter quickly. He will try to get you the money you deserve now rather than have you wait months or years for a trial.

Contact an Albany car accident attorney today to schedule your initial consultation. It costs you nothing and you don’t pay a dime until you win your case!