Colorado Springs Distracted Driving Lawyer

HOW CAN I PROVE THE DRIVER WHO HIT ME WAS DISTRACTED?

After an accident, police, and insurance investigators will search for evidence to explain how the accident happened and who was at fault.

Police investigations, while helpful, are often less thorough than those done by private investigators, especially if the accident is deemed “minor” by the police.

After an accident in which you or a loved one has been injured, it is important that you have access to all available evidence.

A Colorado Springs attorney can call a team of investigators to the scene to recover vital evidence of distracted driving before it is destroyed.

Evidence that may indicate distracted driving might include:

• Eyewitnesses: Witnesses may have seen the driver using a phone, looking at a passenger, or looking at something on the side of the road prior to the accident. A witness may even notice that the driver was not completely visible prior to the accident, suggesting that the driver may have dropped something in the car. Often, witnesses will report that the vehicle was moving erratically, another indication that the driver was either distracted or perhaps under the influence of alcohol.
• Physical evidence: Skid marks on the road can help establish the speed of a vehicle, and at what point the driver applied the brakes. Objects found in the driver’s car may indicate what the driver was doing before the accident. Partially eaten food, make-up brushes, and even open books or magazines, together with witness testimony, may help prove that the driver’s attention was somewhere other than on the road.
• Cell phone evidence: Cell phones can provide a wealth of information after an accident. That text the driver sent right before the accident may still be available, even after being deleted from his phone. Any emails sent or received will be time-stamped, as will posts on social media. All of these can show that the driver’s attention was somewhere other than on the road. Even photos taken by passengers may reveal important information about what was going on in the car before an accident.
• Social media: It is amazing what some people will post on social media. People have been known to admit all kinds of reckless and even criminal behavior on social media, believing, perhaps, that “nobody important will see it.” The reality is, everyone can see it, and those damaging posts can be used to prove your case.

DOES DISTRACTED DRIVING AUTOMATICALLY INDICATE FAULT?

Proving that a driver was distracted prior to an accident is the first, but not only, step in proving fault.

In a lawsuit against a distracted driver for injuries sustained in an accident, you must show not only that the driver was not paying proper attention, but that the distraction was the proximate cause of the accident.

For example, even if a driver is talking or texting on her phone, the accident may have been caused by something unavoidable, like an animal darting into the road, or an object falling from a truck.

It is also possible that the source of the distraction was something beyond the driver’s control.

Perhaps he took his hands off the wheel after being frightened by a wasp or spider in the car.

In some cases, what appears to be impairment or distraction is actually a sudden illness.

Nevertheless, once it can be shown that the driver was inattentive while behind the wheel, the driver must show that the distraction was out of his control.

A Colorado Springs lawyer could help prove that a motorist was driving while distracted and this caused an accident.

THE ROLE OF AN COLORADO SPRINGS ATTORNEY IN A DISTRACTED DRIVING CASE

Immediately after an accident, your Colorado Springs distracted driving lawyer will begin identifying and preserving evidence that will be needed to prove your case.

This may mean sending a team of accident investigators to the scene of the accident.

It may involve collecting cell phone records, searching social media, and interviewing potential witnesses.

Time really is of the essence in an auto accident case, as physical evidence like skid marks, tire tracks on road shoulders, and car parts left on the road can be damaged or destroyed within days or even hours.

It is always best to interview witnesses as soon after an accident as possible, as their memories will fade over time.

Witnesses may even move away and become inaccessible.

Always seek the advice of an experienced car accident law firm if you have been injured in an accident involving a distracted driver.

The attorneys at Springs Law Group have successfully represented car accident victims for over a decade, and are passionate about their work.