Keys to Proving Fault in Distracted Driving Cases
Distracted driving is one of the most significant causes of car accidents in Ohio, leading to severe injuries and property damage. When pursuing a claim for damages after such an accident, establishing fault becomes critical. Understanding the legal processes and evidence required can help victims secure compensation.
As a firm of experienced lawyers, from traffic cases to probate and estate planning, StachlerHarmon Attorneys at Law has guided clients through countless cases involving distracted driving in Dayton, Ohio. Here, we’ll explore the key steps and strategies to prove fault.
An Intro to Distracted Driving in Ohio
Ohio probate law categorizes distracted driving into three primary types:
Visual distractions: Taking one’s eyes off the road, such as reading a text message or looking at a GPS device.
Manual distractions: Removing hands from the wheel, such as eating, drinking, or using a phone.
Cognitive distractions: Focusing on something other than driving, such as a conversation or daydreaming.
Each form of distraction significantly increases the likelihood of an accident, and understanding how they occur is a fundamental step in building a case.
Additionally, distractions can often occur in combination, compounding the risks. For example, a driver texting on their phone may be visually, manually, and cognitively distracted all at once, creating a dangerous scenario. This underscores the importance of identifying specific forms of distraction when building a case.
Essential Steps to Prove Fault in Distracted Driving Cases
Gather Evidence at the Scene
Proving that a driver was distracted requires a thorough approach to collecting evidence. Some steps include:
Photograph the accident scene: Document vehicle positions, damage, road conditions, and any visible distractions in the offending driver’s car.
Obtain witness statements: Witnesses can provide crucial details about the behavior of the distracted driver leading up to the crash.
Check for traffic or security cameras: Nearby cameras may have captured footage showing the driver’s actions.
Beyond these measures, taking note of environmental factors such as weather conditions, traffic signals, and road signage can provide additional context for how the accident occurred. Every detail counts when piecing together a comprehensive account of the incident.
Analyze Cell Phone Records
Cell phone records can provide critical evidence in distracted driving cases. These records can reveal whether the driver was texting, making a call, or using apps at the time of the accident. A subpoena may be required to access this information, but it can be a pivotal factor in proving negligence.
In addition to cell phone usage, investigators may look for evidence of other distractions, such as social media activity or mobile gaming, that occurred during the moments leading up to the collision. These details further bolster the case for liability.
Review Police Reports
Police reports often contain valuable details about the incident. Officers may have noted visible distractions, such as an open phone app, food wrappers, or even an admission from the driver about being distracted.
Furthermore, reports often include diagrams and descriptions that illustrate the sequence of events. This information can corroborate witness testimony and other pieces of evidence collected during the investigation.
Examine Driving Records
A driver’s history can also provide context for the case. If the offending driver has a record of prior traffic violations, including those for distracted driving, it strengthens the argument for negligence.
Driving records can also reveal patterns of risky behavior, such as frequent speeding tickets or prior accidents, which may point to a history of irresponsible driving practices. This background information is invaluable when establishing a driver’s liability.
Ohio Laws on Distracted Driving
Ohio’s probate laws regarding distracted driving continue to evolve. Currently, the state prohibits texting while driving for all drivers and bans handheld phone use for novice drivers. Additionally, a recent law allows officers to issue citations for distracted driving if it is a contributing factor to a violation of other traffic laws.
Violating these laws can provide a basis for establishing negligence. Proving that the driver was breaking the law at the time of the crash significantly strengthens your case.
In some cases, municipalities within Ohio may impose additional restrictions on distracted driving. Being aware of local ordinances can add another layer of support to your claim.
Key Elements to Establish Negligence
To prove fault in a distracted driving case, four primary elements must be established:
Duty of care: Drivers have a legal obligation to operate their vehicles safely and responsibly.
Breach of duty: Evidence must show that the driver failed to meet this obligation by engaging in distracting activities.
Causation: The distraction must be directly linked to the accident and resulting damages.
Damages: Proof of injuries, medical expenses, property damage, or other losses is necessary to support the claim.
Each of these elements requires compelling evidence, and the strength of your case will depend on the ability to connect the dots between the driver’s actions and the harm caused. Working with professionals skilled in accident reconstruction can make a significant difference in building a compelling argument.
Common Forms of Evidence in Distracted Driving Cases
Building a strong case requires gathering as much evidence as possible. Common sources include:
Photographs and videos: As mentioned earlier, visual documentation from the scene can support your claims.
Eyewitness testimony: Third-party accounts often provide unbiased support.
Skilled analysis: Accident reconstruction professionals can analyze data and recreate the sequence of events.
Event data recorders (EDRs): These devices, often referred to as “black boxes,” can record speed, braking patterns, and other vehicle data that help demonstrate distracted behavior.
Additional sources, such as medical records and repair estimates, also contribute to establishing the full extent of damages. These documents not only substantiate your claims but also help quantify the compensation you may be entitled to receive.
Defensive Strategies to Counter Claims
Distracted drivers often attempt to avoid liability by:
Denying distraction: Without concrete evidence, drivers may claim they were focused on the road.
Shifting blame: Accused drivers might argue that the other party was partially or entirely at fault.
Minimizing damages: Offending drivers may try to dispute the extent of injuries or damages claimed.
It’s important to anticipate these defenses and gather evidence to counter them effectively.
For example, dashcam footage or timestamped photographs can directly refute claims of attentiveness. Similarly, detailed documentation of injuries and associated costs can counter-arguments that minimize the impact of the accident.
How We Approach Distracted Driving Cases
As StachlerHarmon Attorneys at Law, from criminal cases to probate and estate planning, our focus is always on securing justice for our clients.
We begin by conducting a thorough investigation of the case, gathering evidence, and consulting with professionals as needed. Our firm’s extensive experience with Ohio law equips us to identify the most effective strategies for proving fault.
We also prioritize communication with our clients. Keeping you informed at every stage of the process is essential to building a strong case and helping you understand what to expect.
Our approach involves collaboration, not only within our firm but also with outside professionals who can provide critical information. Whether it’s a medical professional detailing the extent of injuries or an accident reconstructionist clarifying the sequence of events, every piece of the puzzle matters.
Why Legal Representation Matters
Working through distracted driving cases without experienced legal support can be challenging. Our role is to:
Advocate for your rights
Build a compelling case using comprehensive evidence
Negotiate with insurance companies
Represent you in court if necessary
We understand the intricacies of Ohio law and are committed to helping our clients secure compensation. Whether the case involves personal injury, property damage, or probate matters related to a fatality, we’re here to help.
Legal representation also provides peace of mind. Knowing that experienced professionals are handling your case allows you to focus on recovery and rebuilding your life after an accident.
Contact Our Firm Today
Proving fault in a distracted driving case requires attention to detail and a solid understanding of Ohio law. If you’ve been affected by a distracted driving incident, contact us at StachlerHarmon Attorneys at Law. Let’s work together to protect your rights and pursue justice in Greene County, Clark County, Butler County, and Preble County here in Ohio. We also assist with probate and estate planning. Contact us to schedule your consultation today.