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How can you prove that another driver was distracted when you were hit?

It’s a horrible feeling to see someone’s vehicle heading your way and realizing that you’ll be hit. You may not have time to move out of the way, even if you have a few seconds where you can see their vehicle coming. Bracing yourself for the worst is a good idea, but remember to take in as much of the scene as you can, so you can remember why that driver hit you.

Many drivers today get distracted and aren’t even looking when they get into a crash. Was the driver who hit you looking down at their lap, touching the area of the dashboard where the radio was, turned around in their seat to speak with someone or eating something while driving? All of these actions are distracting and could lead to a serious crash.

How can you prove that a person was texting and driving when they hit you?

For the most part, it’s not your responsibility to prove that the other driver was at fault. The police will investigate and reconstruct the scene if needed. They’ll talk to the driver about what they were doing and speak with witnesses as well.

If you saw the driver looking at their phone or chatting with someone on it, say something. It’s possible for the authorities to ask to see the person’s phone. Your attorney may be able to request phone records if needed, too. The police are able to subpoena a person’s texting-and-driving offense easily, so mentioning that you thought they were on their phone can lead to a simple investigation into that accusation with easy-to-find results.

Witnesses are also great sources of information. If you say you saw someone texting and someone in the vehicle admits to it, too, then you’re in a better position to make your claim against the driver for their negligence.

The people on the road deserve better than to have to drive around someone who is texting and distracted. Their actions could hurt or kill others, and they should be held accountable for doing so. Your attorney can help you file a claim, so you can seek the compensation you deserve for getting hurt.

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Litigation is a journey. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the law firm of Ciancio Ciancio Brown, P.C. will help you through it.

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