Distracted driving is very dangerous and can lead to serious and often catastrophic injuries in an accident. If you have been harmed by a distracted driver in Tennessee, you may be eligible to pursue compensation to help cover your medical bills, loss of wages from missed work, among other damages.
However, the burden of proof lies with the car accident victim. This is why working with an experienced lawyer is advantageous. He or she will know how to gather the evidence to show the other driver was distracted at the time of the crash. Proving this is important to the success of your claim.
Below, Greg Coleman Law further explains the supportive evidence to help prove that the other driver was texting, eating or otherwise distracted. An initial consultation with a member of our legal team is 100 percent complimentary with no obligation to retain our services.
Evidence That May Prove Distracted Driving
Should you have a valid claim, there are different forms of evidence that we may use to prove a distracted driving accident. This includes, but is not limited to:
The Police Report
It is imperative that you contact the local authorities after a crash, especially if you believe distracted driving was involved. The responding officer will review the scene of the accident and put together a report detailing his or her findings. These findings may support your claim in the following ways:
- Provide the officer’s own observations of distracted driving
- Detail the speed the other driver was driving at the time of the crash
- Determine whether the other driver hit the brakes before impact
- Admission of driving while distracted from the other driver
- Statements from witnesses (another driver, passenger or pedestrian)
- Information the officer found on the other driver’s phone
Photos and Video Footage
Photos taken and video footage available during, before and after the crash may suggest that the at-fault driver had his or her eyes off the road or hands off the wheel.
Pictures showing no tire or brake marks could imply that the other driver failed to hit the brakes because he or she was not paying attention while driving. Significant vehicle damage could also show that the at-fault driver failed to swerve before hitting you.
Video footage from a traffic camera, a surveillance camera from a surrounding business or taken from a bystander who witnessed the crash may have recorded the at-fault driver looking down at his or her phone, fidgeting with the radio or GPS, or grabbing an item from the back seat.
Some people may offer testimony about what they saw happen. A potential eyewitness is not limited to just a bystander or pedestrian. It could also include any passengers in your car or in the other driver’s car. Someone may have seen the at-fault driver engaging in distracted driving behavior in the moments leading up to the crash. Obtaining eyewitness testimony could help strengthen your damages claim.
Your lawyer may be able to access the other driver’s phone records. Doing so could help demonstrate that the at-fault driver was texting or talking on the phone when the crash occurred. Cellphone records can also help identify the time and date a text message was sent or received, or when a phone call was made or received. In certain cases, the responding officer may inspect or seize a cellphone at the scene.
Social Media Activity
The other driver’s social media activity at the time of the crash could provide an electronic trail of evidence. Any activity could be logged and timestamped. Your lawyer may even use an expert to investigate the messages, photos or video the at-fault driver may have posted, uploaded or responded to.
Tennessee Distracted Driving Laws
Tennessee defines distracted driving as the act of driving while engaged in activities that divert the driver’s attention away from the road. The state’s ‘Hands Free’ law, which was instituted on July 1, 2019, makes it illegal for a driver to do the following while operating a vehicle:
- Holding a cellphone or mobile device with any body part
- Writing, sending, or reading texts
- Reaching for a cellphone or mobile device that causes the driver to move or be properly restrained in his or her seat
- Watching a video or movie on a cellphone or mobile device
- Recording or broadcasting video on a cellphone or mobile device
Speak With a Reputable Lawyer Today
If you have been injured in a crash caused by distracted driving, there may be evidence to support your claim. A reputable Knoxville auto accident lawyer from our firm is prepared to help. We are well-versed in Tennessee laws and how they may apply to your situation.
We offer a free, no-obligation consultation to learn more about your rights and charge no fees unless we help obtain fair and just compensation on your behalf.
Greg Coleman Law. Millions Recovered. Ph: (865) 247-0080.