Distracted Driving Often Causes Rear-End Car Crashes
Perhaps the most common type of distracted accident is a rear-end crash. These crashes have increased in number in recent years, especially as the distracted driving problem is worsening. Although rear-end crashes happen frequently and have a lower fatality rate, it does not mean they cannot cause serious injury.
Rear-end crashes are dangerous because they unleash a large amount of force on the front car that gets hit. The front driver is stopped or traveling at a slower speed than the car that hits them. The collision will transfer all the power from the rear car to the front car.
The most common type of injury from a rear-end car accident is whiplash. This injury occurs when the head and neck snap forward when the body is at rest. Whiplash can cause severe head, back, and neck injuries. It can even cause lasting traumatic brain injury.
Distracted Driving Also Causes Other Extremely Dangerous Car Accidents
Another common type of distracted accident is a sideswipe crash, caused when an inattentive driver strays from their lane or does not check before changing lanes. Even though your collision is not head-on, a sideswipe crash is dangerous because it can cause you to lose control of your own car. A sideswipe accident can force you from your lane into oncoming traffic, and another vehicle can hit you.
Perhaps the most dangerous crash caused by distracted driving is a head-on accident. Distracted drivers may end up in the wrong lane because they miss a sign or they veer into oncoming traffic on a two-lane road. While head-on crashes are rare, they have the highest fatality rate because of the force of the accident. Only two percent of the total number of car accidents are head-on crashes, but one in every ten fatalities happens in these accidents.
You Still Need Evidence In A Contested Case
You may not always have to prove that the other driver was distracted from winning your case. For example, if another driver has rear-ended you, they will be presumed to be the responsible party unless they can come up with evidence that shows that you cut them off or stopped short in front of them.
Nevertheless, if you are involved in a contested case, you may need evidence that the driver was distracted at the time of the crash. It may be beneficial when you have a large case, such as a truck accident injury.
Cell Phone Data Could Help You Prove Your Case
You can obtain evidence that can show that the driver was on their phone at the time of the accident. Although an insurance company may demand cell phone data from each driver involved in the crash because they are looking to spread the blame around, the adjuster has no legal right to phone records. However, you can subpoena phone records in a lawsuit. You can obtain them in the discovery phase of the case when you can get your hands on evidence that is in the other party’s possession.
Cell phone records can show that the driver was texting or on their phone when behind the wheel. However, the driver may claim that they were using a hands-free device at the time of the crash. Therefore, witness testimony from people who saw the crash will also help confirm that the driver was distracted.
Even if you cannot access or effectively use cell phone records, you can still prove that the other driver was to blame for the accident. Distracted driving means that they will make sudden or erratic motions or fail to anticipate specific challenges in front of them.
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