Distracted Driving: Proving Fault After a Texting Crash

Everyone knows that texting while driving is dangerous, but that doesn’t stop millions of people from doing it. Proving that a driver was distracted when they caused a crash is challenging, but nowadays, it’s even harder. With hands-free and anti-texting laws going into effect across the country, people often assume that they’re in the clear as long as they aren’t physically texting. That isn’t the case – and you may still be able to prove that they were driving while distracted.

If you were hit by a distracted driver, you could be entitled to compensation. Learn more about your options now by calling Delius, McKenzie & McCarter.

What counts as distracted driving under today’s laws?

Distracted driving tends to fall into three categories, with many activities falling into more than one category:

• Visual distractions: Anything that takes your eyes off the road

• Manual distractions: Any activity or task that takes your hands off the wheel

• Cognitive distractions: Activities that take your focus or attention away from driving

Texting is one of those activities that fits into all three categories. In response to the rapid increase in texting and driving, many states passed hands-free laws. Tennessee passed its own hands-free law in 2019, which requires drivers to put their phones down and focus on driving.

However, even if you’re not holding your phone while driving, you can still be distracted. If someone is thinking about the text they’re dictating to their phone or is heavily focused on an intense back-and-forth, that could keep them from driving safely.

How texting and phone use cause serious crashes

Using a phone while driving drastically slows down your reaction time, with one study finding that cell phone-using drivers had an 18% slower reaction time than non-distracted drivers. Distracted drivers take longer to brake, are more likely to drift in and out of their own lane, and may need more time to recognize obstacles in the road.

Texting drivers may be involved in:

• Rear-end accidents: These often occur when a driver glances down at their phone and doesn’t notice that the vehicle in front of them has stopped.

• Intersection crashes: These may happen when a driver doesn’t realize a light has turned red and fails to yield to drivers with the right-of-way.

• Lane departure accidents: You’ll see these when a distracted driver drifts out of their lane and strikes another vehicle. These may involve head-on accidents when drivers drift into oncoming traffic or sideswipe accidents when they merge into a lane going the same direction.

It’s important to note that distracted drivers often fail to take steps to evade an accident because they don’t notice the danger in time. This often results in more severe injuries and outcomes.

Proving the other driver was distracted

If the other driver was distracted at the time of your crash, you must be able to prove your claim. This is a little bit easier when the driver is physically texting and driving. We all know the telltale glance up at the road, followed by long stares down at the phone with just one hand on the wheel. But it’s a little harder when we’re talking about hands-free texting and calling. Some important pieces of evidence your car accident lawyer may use include:

Cell phone records and digital evidence

This is often some of the most powerful evidence you can have in a distracted driving case. Phone records may include call logs or text messages aligning with the time of the crash, data usage records showing that the driver was using an app, and background usage data indicating the phone was in use. To get this data, you’ll likely need a subpoena or formal discovery request, both of which your car accident attorney can handle.

Vehicle and crash scene evidence

While this type of evidence doesn’t conclusively prove phone use, it can support your claim. For example, if someone doesn’t brake to avoid an accident, that may indicate that they weren’t even looking at the road when the crash occurred, since most attentive drivers immediately take evasive action when they notice a crash is imminent. Damage patterns indicating a delayed reaction or complete inattention may also support your case.

Witness statements and video footage

Eyewitnesses often notice things that the victim does not. They may have seen the other driver drifting in and out of lanes and chosen to drop back to stay away from them. They may have even seen the driver fidgeting with a phone. Dashcam footage, traffic cameras, and surveillance videos from nearby buildings may also help.

Driver admissions and police reports

It’s not uncommon for a driver to explain what happened in the adrenaline-fueled aftermath of a crash, only to walk that claim back once they realize it hurts their case. These statements may be on dashcam footage or included in a police report.

What if the driver was using a hands-free device?

Drivers accused of distracted driving often defend themselves by claiming they were using Siri or another app to avoid handling their phone while driving. While hands-free usage may be somewhat safer than physically using a phone, that doesn’t mean it’s risk-free. And it certainly doesn’t mean that they weren’t distracted while driving. Cognitive distraction can still arise when someone is using hands-free mode to operate a phone, particularly if they are listening closely to incoming messages or engaged in a tense conversation.

In these situations, courts and insurance companies look at other evidence to determine if a driver was distracted. They may consider the complexity of the phone interaction, if the driver ignored obvious hazards, and how a reasonable driver would have operated in a similar setting.

Choose Delius, McKenzie & McCarter for your car crash claim

If you’ve been injured by a distracted driver, don’t wait any longer to find out if you’re owed compensation. Call us today or connect with us online to discuss your next steps now.