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In the State of Georgia, the issue of distracted driving has become a significant concern, meriting stricter legal measures and civil liability implications. Distracted driving, which includes texting, using a phone, or any other activity diverting a driver’s attention from the road, jeopardizes public safety and triggers legal consequences. Investigating instances of distracted driving is critical in understanding and proving the root cause of many road incidents. Proving that an individual was driving while distracted involves collecting direct and circumstantial evidence through various methods. Combined evidence can build a solid case to demonstrate that the driver was inattentive to the road.
Ways To Prove That Distracted Driving Was The Cause Of An Accident
- Police Reports: The first evidence to consider is the police report. Police officers responding to the scene of an accident will note any signs of distracted driving, including the driver’s admissions, witness statements, or the officer’s observations about the scene. If the police report indicates that the driver was using a phone, eating, or otherwise distracted, this can be strong evidence that the accident resulted from this distraction.
- Eyewitness Testimonies: People who witnessed the accident can provide crucial information about the driver’s actions just before the crash. If a witness saw the driver texting, talking on the phone, or engaging in other distractions, their testimony can support your claim. Collecting contact information from witnesses at the scene is important.
- Mobile Phone Records: Part of the discovery process can involve subpoenaed phone records to prove that the driver was texting, calling, or otherwise using their phone at the time of the accident. A spike in data usage or an active call during the crash can be compelling evidence that the individual was distracted while driving.
- In-Car Technology: Many modern vehicles now have GPS and other systems that can record vehicle data during a crash. Additionally, dash cams in the involved vehicles or nearby cars can provide visual evidence of distracted driving.
- Social Media Activity: In today’s digital age, checking for social media activity around the time of the crash can be another way to prove distraction. Posts, likes, or uploads done right before the accident can indicate that the driver was not paying full attention to the road.
- Photographs and Video Footage: You can also analyze photos and videos from the accident scene for signs of distracted driving. Open food containers, a visible phone in the driver’s hand, or other distractions can all prove that distractions might have occurred within the vehicle.
- Driver Admissions: Sometimes, drivers admit to being distracted during the accident, either at the scene or afterward. Any such admissions can be direct evidence of distracted driving.
- Expert Testimony: Accident reconstruction experts can analyze the evidence from the crash to determine whether distracted driving was a likely factor. Evidence might include the speed of the vehicle, the lack of or delayed skid marks (which can indicate a failure to react), and other forensic evidence.
- State and Local Laws: Be aware of Georgia’s specific laws regarding distracted driving. The Hands-Free Law in Georgia states that drivers cannot have a phone in their hand or touch any part of their body while talking on their phone while driving. These violations can support your case.
- Personal Testimony and Behavior Analysis: The driver’s behavior immediately following the accident can demonstrate that the driver was distracted. For example, if the driver immediately attempts to hide their phone or other objects, this might indicate guilt.
Proving distracted driving requires showing different types of evidence indicating the driver was distracted and often depends on the specifics of the accident and the available evidence. It is important to act quickly to gather this evidence before it is lost or destroyed. Consulting with an attorney, particularly one experienced in traffic law and personal injury law in Georgia, can provide guidance and improve the chances of successfully proving distracted driving. Gautreaux Law LLC has skilled attorneys who will work hard to protect your interests and help you achieve your desired results.