Distracted driving is a major problem. The Ohio Department of Public Safety issued a bulletin stating, “In 2017, 13,997 drivers in Ohio crashed while being distracted by something within their vehicles. Fifty-one (51) of these crashes were fatal and resulted in 55 deaths. Another 4,668 drivers were in injury crashes resulting in 6,988 injuries. The number of reported distracted driving fatal crashes nearly doubled from 2016 to 2017 (+96%).”
Anything can cause distracted driving: texting or talking on the phone while driving, rambunctious kids, fiddling with the radio, eating and other activities where the driver isn’t paying attention to the road.
If you’ve been hit by a distracted driver, you deserve compensation for your injuries and property damage. How can you and the Law Offices of Tim Misny prove the other driver was distracted?
- Documentation at the scene: Whenever you’re in a car crash, be sure to document the accident. If possible, take photographs. Write down everything that happened, and keep detailed records of your medical treatment.
- Cell phone records: If the other driver was on the phone or texting at the time of the accident, your attorney may prove it by subpoenaing their cell phone records.
- Social media activity: Time-stamped social media activity can be used to show the driver was distracted during the accident. The driver or other passengers may also reveal incriminating information on their accounts.
- Witness testimony: Witness testimony is one of the best ways to prove a driver was otherwise occupied. Eyewitnesses on the street or in other cars (including the other driver’s car) may have seen the accident. They may be able to testify as to whether the driver was distracted.
- Vehicle data: In some cases, it may be prudent to subpoena the vehicle’s “black box,” which includes information about how fast the car was going and whether brakes were applied.
- Police reports: A police report can contain an officer’s personal observations, witness statements, statements from the other driver and whether the police found evidence of distracted driving.
- Accident reconstruction: Finally, your lawyer may decide to hire accident reconstruction specialists. These professionals can recreate the accident scene and provide testimony as to what they believe caused the wreck.
While not all of this evidence is available in every collision, it can help our lawyers present a compelling case. Distracted driving is dangerous—if you’ve been injured thanks to the other driver’s negligence, the Law Offices of Tim Misny can help.
Discuss your case with an Ohio personal injury lawyer
When you’re injured in a distracted driving car accident, you deserve compensation for your injuries, lost wages, pain and suffering and more. I’ll Make Them Pay!® Call me today at 877-614-9524.
for a consultation, and we’ll discuss strategies to present your case in the best possible light.