4 Ways to Prove the Driver Who Hit You Was Distracted

If other people witnessed the accident — including bystanders and passengers in your car or theirs — you could secure testimony from them. They may have witnessed what happened right before and during the accident. If, for example, a passenger in the other driver’s car reports cell phone use right before the collision, this may be enough evidence to determine fault.

If the accident occurred outside of a business, you could secure video footage of the accident. This can show a driver weaving into the oncoming lane or rear-ending you without slowing down. This could show they were not aware of you in front of them. If your accident occurred around any establishment that you think may have video cameras, be sure to ask your lawyer about obtaining video evidence.

With today’s technology being so readily available, operating a smartphone while driving isn’t as uncommon as it should be considering how easily it causes accidents. Anytime you are hit by another vehicle, it’s important to have the driver’s cell phone records pulled to make sure they weren’t on their phone at the time of the accident. Browser history can be checked as well as text message and call history. If the cell phone records reveal that the driver was, for example, texting and driving, at the time of the collision, this can be solid proof of distraction.

While the other driver is unlikely to admit they were distracted, this does occur sometimes, especially right after the accident. The driver may rush to your vehicle saying, “I’m so sorry, I was changing the radio station!” Be sure to note what the other driver says to you after the incident, if anything.