How Can I Prove that the Driver Who Hit Me was Distracted?

How Can I Prove that the Driver Who Hit Me was Distracted?

Distracted driving is one of the leading causes of auto accidents in Florida. While Florida’s “no-fault” insurance system means that recovering compensation for accident-related injuries often involves filing a claim under your own personal injury protection (PIP) policy, if your losses exceed your PIP coverage (which, for most people, is $10,000), then you will need to prove fault in order to secure additional compensation under the at-fault driver’s insurance policy.

So, how can you prove that the driver who hit you was distracted?

5 Ways to Prove Distracted Driving

1. The At-Fault Driver’s Admission

If the police responded to your accident, there should be a police report documenting the time and location of the collision, each driver’s vehicle and insurance information, and the responding officer’s assessment of what happened. It is also possible that the police report will reflect an admission by the other driver that he or she was distracted. During your claim, your attorney will also have the opportunity to question the driver under oath in order to obtain an admission.

2. Forensic Evidence

Weaving, drifting off of the road and late braking are just a few of the telltale signs of distracted driving. Forensic evidence from the scene of the accident (such as skid marks and the location and extent of the damage to each vehicle) can help prove that the driver who hit you was distracted.

3. Eye Witness Testimony

If anyone witnessed the accident, he or she may be able to testify as to seeing the person who hit you driving erratically or using a phone behind the wheel. If you collected contact information from any witnesses, you will want to be sure to provide it to your attorney. If not, the police report may identify witnesses who stopped at the scene, and there may be other ways to locate potential witnesses as well.

4. Social Media Posts

Whether the driver who hit you was posting (or “liking” other people’s posts) on Instagram at the time of the accident or he or she posted about the accident on Twitter or Facebook after the fact, social media could play an important role in your auto accident claim.

5. Phone Records

If there is evidence to suggest that the driver who hit you was using his or her phone at the time of the accident, it may also be possible to subpoena his or her phone records. The driver’s phone records will provide the start time and duration of phone calls as well as the delivery time of texts, and this information can prove that the driver was using his or her phone when the accident occurred.

Were You Injured in a Car Accident in Miami, FL?

If you were seriously injured in a car accident in Miami and you believe that the other driver may have been distracted, we encourage you to contact us for a free, no-obligation consultation about your legal rights. We can determine if you are eligible to file a claim outside of PIP; and, if so, we can seek maximum compensation for your injury-related losses. To schedule an appointment as soon as possible, call us at (305) 265-2266 or request an appointment online today

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