April is Distracted Driving Awareness Month
Distracted driving is one of the leading causes of crashes in Arizona and throughout the nation. And yet, proving that someone wasn’t paying attention behind the wheel can be one of the hardest parts of a car accident case. If you were injured in a crash and suspect the other driver was distracted, you’ll need more than just your word. You’ll need real evidence and a clear plan.
That's why it's so important to consult with an experienced distracted driving accident lawyer as soon as possible. An attorney can find the facts that matter to your case, build a strong claim, and fight for the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.
What counts as distracted driving?
Distracted driving goes beyond just texting on a smartphone. It includes anything that takes a driver's eyes, hands, or mind off the task of driving. That’s why it’s divided into three main categories:
- Visual: Looking away from the road to check a text, adjust GPS, or stare at something outside the car.
- Manual: Taking hands off the wheel, such as when eating, reaching for something, or fiddling with the stereo.
- Cognitive: Mentally drifting, daydreaming, talking to passengers, or thinking about work.
The most dangerous distractions combine all three. Sending a text, for example, takes your eyes off the road, your hands off the wheel, and your mind off driving all at once. Even though Arizona has laws against cell phone use while driving, that doesn’t stop people from doing it. Plus, not every distraction leaves behind obvious proof, which is why building a case often requires digging deeper and gathering as much evidence as possible.
How can you prove distracted driving?
To prove a distracted driver caused your crash, you’ll need evidence that shows what they were doing before the accident. This can come from several sources, including:
- Cell phone records: A lawyer can request phone logs from the driver’s cell carrier to see if they were making a call, sending a text, or using data just before the crash.
- Dashcam or surveillance footage: In some areas, traffic cameras or nearby security systems might have caught the driver on video. If they were looking down, holding a phone, or failed to brake, that footage could be helpful.
- Witness statements: Other drivers, passengers, or pedestrians may have seen the at-fault driver acting distracted.
- Social media activity: If a timestamped post lines up with the crash, that content could serve as digital proof.
- Black box data: Many modern vehicles come equipped with event data recorders. These devices can reveal whether the driver suddenly braked, accelerated, or took no evasive action at all.
Individually, these pieces of evidence may not tell the whole story. But together, they can paint a clear picture of what happened and who was at fault.
Can police reports help prove fault in distracted driving cases?
When officers arrive at the crash scene, they look for signs of distraction. For example, they might look for a phone still open on the driver’s seat or a half-eaten meal in the console. They also speak with witnesses and document the driver's behavior. If the officer suspects distraction caused the crash, they might issue a citation for texting or careless driving. That citation can serve as strong evidence when filing a claim with the driver’s insurance company or pursuing a lawsuit.
In addition to narrative summaries, police reports often include crash diagrams, measurements, and observations that help explain how they think the collision happened. These reports may not be the only proof you need, but they’re a valuable starting point.
What role does expert testimony play?
Expert witnesses can help explain details the average person might not fully understand. In distracted driving cases, two types of experts are especially useful:
- Accident reconstruction specialists: These experts use skid marks, impact points, and vehicle damage to recreate the crash.
- Technology analysts: Some experts specialize in analyzing phone records, app data, or vehicle systems.
An expert’s opinion can carry a lot of weight in court. It brings technical credibility to your side and helps the judge or jury understand how the distraction likely caused the crash.
What if the at-fault driver denies being distracted?
Most negligent drivers won’t admit they were looking at their phones. And even if they were, they might claim it had nothing to do with the crash. That’s where circumstantial evidence comes in. For instance, let’s say the at-fault driver never hit the brakes before rear-ending you. They didn’t swerve, didn’t honk, didn’t react. That kind of behavior might suggest they weren’t watching the road. If cell phone records show they were mid-text, your case could get even stronger.
In some situations, the driver’s own words can contradict their actions. If they say they were paying attention, but the evidence shows otherwise, that inconsistency can be used against them.
Contact a distracted driving accident lawyer today
If you’ve been hurt in a distracted driving accident in Arizona, Browne Law Group in Gilbert is ready to fight for you. Attorney Byron Browne doesn’t waste time or sugarcoat the truth. He gets straight to the point and focuses on getting meaningful results for his clients. With extensive experience handling Arizona car accident claims, Byron knows how to take on the insurance companies and push back against their lowball tactics.
Whether you’re dealing with medical bills, lost income, or the emotional toll of a serious injury, we’re here to guide you every step of the way. There’s no pressure, just real advice from a team that has your back.
We offer legal representation to crash victims on a contingency fee basis, which means you pay nothing unless we win your case. Don’t let the insurance companies take advantage of you after a crash. Contact us today, and let an experienced distracted driving accident lawyer fight for the justice and financial compensation you deserve.
“Definitely Recommend. Personal service, Byron handled my case himself, never kept me guessing, answered all of my questions, got a fair and fast resolution.” - D.D.,⭐⭐⭐⭐⭐