Any action or behavior that takes the driver’s attention off driving can be considered distracted driving. Distracted driving is one of the most common causes of car accidents in Gainesville and across Northeast Georgia.
Distracted drivers often run stop signs, red lights, drift into other lanes and rear-end stopped or slowed drivers. Depending on a few factors, including the driver’s speed, type of vehicle, and location of the impact, the collision can result in severe, life-threatening injuries. If you suffer serious injuries in an accident caused by a distracted driver, our experienced Trial Team at Stewart, Melvin & Frost, led by Mark Alexander and Andrew Gould, can help you hold the responsible party accountable for their actions and recover the compensation you deserve.
How to Prove Distracted Driving in a Georgia Car Accident
While it may seem obvious that the person was driving distracted, building your claim may require more. You need a skilled, experienced attorney who knows how to determine what distracted the driver that crashed into you. Sources of evidence can be cell phone records, crash reports, dispositions, cameras, recorded data from the car, and testimony of witnesses, just to name a few.
To highlight a few key pieces of evidence that might help determine whether a driver was distracted: CrashReport
After a serious accident, local law enforcement will conduct an investigation of the crash. The investigating officer will create a detailed report of their observations, parties involved, conclusions, citations, and other details that may help your claim.
One of the best forms of evidence is a witness’s statement. Someone may have observed or even recorded the accident, which may show drifting or distracted driving. Even a witness’s statement on how the negligent driver was driving before impact may be enough to warrant consideration for distracted driving.
Cell Phone Records
When an accident occurs, and there is reason to suspect distracted driving is the cause, after a lawsuit is filed, a lawyer has the power to subpoena cell phone records from the negligent driver’s cell phone provider. If the documents show the person was on the phone, texting or using excessive data indicating possible video streaming or FaceTiming moments before the crash, the evidence may prove conclusive in proving your claim.
Scrolling through social media, liking comments, or posting pictures can be another form of distracted driving. While most insurance agencies check social media for information about you, an experienced trial lawyer will investigate to see if the negligent driver posted, liked, or was on a social media platform before the accident.
Pictures and Videos
Witnesses are not the only ones that might have a video or picture of the person acting negligently. There are also security cameras and dash cameras that may record the negligent driver’s carelessness.
At Stewart, Melvin & Frost, our Trial Team understands no one expects to be involved in a car wreck. Wrecks often occur suddenly, without warning, and are violent. They can result in lasting pain, disabilities, and overwhelming medical bills. This often leads people to turn to an experienced trial lawyer for help. For many clients, meeting with a trial lawyer is something they never expected to do.
“I never thought I’d be here.” That’s what most clients say when they meet us for the first time, Andrew Gould, Partner and member of the Trial Team of Stewart, Melvin & Frost said. “They tell us — I’m not that type of person. I don’t want to sue anybody — but their entire lives have been turned upside down, and the person, persons or corporation responsible should be held accountable.”
Speak With Professional Georgia Car Accident Lawyers Today
Proving that the person who caused your accident was distracted while driving is challenging without the guidance and resources of a car accident lawyer. The Trial Team at Stewart, Melvin & Frost has the experience, expertise, connections, and resources to investigate and gather the evidence needed for your claim. We are prepared to fight for your rights and hold the folks responsible for your accident accountable for their behavior.
With over 30 years of experience, our skillful team will do everything in its power to offer you an unparalleled level of service and the justice you deserve. Schedule a free consultation with our Trial Team by calling (770) 536-0101 or filling out our contact form to speak with one of our team members today.