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How to Prove Fault in Distracted Driving Cases


— January 27, 2022

There is no one specific test that can be taken to prove that the driver was not paying attention and fulfilling their obligation while on the road.


All drivers have the ability to save lives and make the road a safer place by making sure that they eliminate distractions. Distracted driving is a leading cause of accidents, and it is one of the main reasons that drivers get into serious collisions throughout the year. Anyone who finds that they are in a serious accident due to distracted driving will have to pay the legal price for their negligence, and this often comes with loss of their privileges and other benefits they used to easily enjoy. 

The consequences for distracted driving are dire on both a social and legal level and that is why every measure should be taken to avoid this scenario. However, if a person was in an accidnet due to the other driver being distracted while they were driving, the good news is that it may be easier to receive compensation from them due to their clear show of negligence. However, a person must be able to prove the negligence to begin with in order to get the settlement they deserve to help them cover their damages. Aside from proving negligence, a person will also have to prove the severity of their damages and the causation as well.

Texting while driving; image by Roman Pohorecki, via Pexels.com, CC0.
Texting while driving; image by Roman Pohorecki, via Pexels.com, CC0.

In drunk driving cases, gathering the evidence is relatively straightforward as the driver can be simply tested to see if they had a higher then allowed BAC. However, in distracted driving cases there is no one specific test that can be taken to prove that the driver was not paying attention and fulfilling their obligation while on the road. However, there are many other forms of evidence a person can gather. They can collect eyewitness testimonies, a confession from the liable party, an official police report, and footage shown from the dashcam. Cellphone records and social media posts can also be used as evidence to prove that a person was using their device at the time of the collision.

What happens when a person is injured in a car accident in Jackson, MS?

Anyone who is injured in a Jackson, MS car accident will need to get medical help right away. Once a doctor thoroughly examines them and determines the cause and severity of their injury, they can go forward with filing a car accident claim and getting compensated for the harm they endured due to the distracted driving of the guilty individual.

Get in touch with a car accident attorney today at the Law Offices of Malouf and Malouf, PLLC to get help filing a thorough car accident claim so a person can focus on recovering from the damages while their attorney shoulders the legal aspects of their situation.

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