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How Can I Prove That the Other Driver Was Distracted at the Time of the Accident?

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A file folder tab labeled "Evidence"

A skilled car accident lawyer will focus on specific categories of objective evidence to prove distracted driving, including eyewitness testimony, police reports, cell phone records, traffic cameras and surveillance videos, and analysis of onboard vehicle computer systems, among others. By at least one measure, distracted driving causes almost 3,000 auto accident fatalities and more than 300,000 injuries every year. Cell phone usage is a frequent cause but is not the only source distraction. 

Florida car accident attorney will use that evidence to establish that a distracted driver is liable for your damages. At Kogan & DiSalvo, we have extensive experience in analyzing and using that evidence to recover the largest available insurance settlements and damages awards for our clients. Contact us today for a free consultation. 

What evidence can be used to show that a negligent driver was distracted? 

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Evidence varies as a function of the specific circumstances of each accident, but a dedicated and hard-working lawyer will focus on specific categories to prove distracted driving

  • Eyewitness testimony and statements from drivers and passengers involved in the crash. 
  • The police report that reviews how the accident happened. 
  • Cell phone records that show whether a driver’s cell phone was active at the time of the accident and citations issued to the driver for cell phone use while driving. 
  • Traffic cameras and surveillance video that might have captured the accident. 
  • Analysis of onboard vehicle computer systems that record each driver’s speed and attempts to brake and stop before the accident. 
  • Expert accident reconstruction testimony

This evidence is best collected and analyzed immediately after the crash. You will be better positioned to show that the other driver was distracted when you hire a lawyer as soon as possible. Moreover, you must file damages claims within two years under recent amendments to Florida’s negligence laws.  

Why is it important to establish fault in a Florida car accident? 

Woman in a car after an accident holding her forehead in pain

Under Florida’s no-fault insurance rules, the state requires drivers to carry personal injury protection (PIP) insurance. It will reimburse injured drivers for their medical bills and lost wages. However, that reimbursement is capped by the driver’s PIP policy limits. When a victim’s damages exceed that limit, they can recover excess damages from the negligent driver and that driver’s insurance carrier. 

Under a recently-enacted Florida law, however, they can only recover damages if they are less than 50% responsible. If their relative negligence exceeds that threshold, they will be barred from recovering damages from a distracted driver. Their ability to recover damages depends on establishing that the other party was entirely or predominantly at-fault. 

Call Kogan & DiSalvo for a free consultation 

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We have substantial experience developing evidence-based arguments to prove that a negligent driver was distracted during an accident. Please call our Boca Raton offices or any other location in Southeastern Florida to schedule a free consultation. This will give you the best opportunity to secure evidence to your advantage and fight back against claims that you contributed to the accident. Since we work on a contingency basis, there are no upfront legal fees. 

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