Most states have worked hard to convince drivers to not drive while distracted, but distracted driving is still a major problem. You might discover this firsthand if a driver collides with your vehicle and you suspect that they were distracted at the time of the accident. You might understand why that is and how to prove it. Fortunately, a lawyer might be able to help.

Why Drivers Multitask Behind the Wheel

Many drivers believe that they are too busy to not multitask. For example, a driver might want to respond to an email when they should be focusing on the road. A driver will often believe that the few seconds where they take their eyes off the road will not place them in any danger. However, it only takes a second for an incident to occur suddenly that the driver would have otherwise been able to properly react to.

Some drivers become distracted for longer than they realize as they become wrapped up in the activity. They then fail to realize that they have just blown through a stop sign and collided with your vehicle. If this is the case, you will need to prove this fact in order to win your case.

Collisions at Four-Way Stop Signs

At a four-way stop sign, one way that drivers determine who should go is to allow the first driver at the intersection to go. You may believe it is your turn only for another driver to plow into you while on their mobile device. 

How to Determine That the Other Driver Is At Fault

When you think of a distraction, you might expect a visual distraction. However, the driver might be watching the road but have their hands distracted or they might be cognitively distracted. With a cognitive distraction, the driver is not mentally focused on the act of driving.

The driver will not likely admit that they were at fault for the accident. However, your personal injury attorney can still determine that the driver was distracted using various methods:

• Cell phone records
• Eyewitness testimony
• A black box
• Evidence at the scene of the accident

For example, there might not be any skid marks, and this can indicate that the driver did not press down on the brakes. Instead, the driver plowed into you because they didn't know that you were even there. With this evidence, you will be able to prove that the driver was at fault and can negotiate a better settlement.

Reach out to a local personal injury law firm, such as Siben & Siben LLP, to learn more.