Question By: In Wisconsin, proving distracted driving in car accident cases involves gathering evidence that demonstrates the driver's inattention. Distracted driving includes activities such as texting, using a phone, eating, or adjusting the radio while driving. Here are key methods used to establish distracted driving in Wisconsin:
Police Reports: Officers who respond to the scene often document their observations and gather statements from witnesses. If a driver admits to being distracted or if there is evidence at the scene (like a phone in hand), it will be noted in the report.
Eyewitness Testimony: Witnesses who saw the driver engaging in distracting behavior can provide crucial testimony. Their accounts can help establish that the driver was not paying full attention to the road.
Phone Records: Obtaining the driver’s phone records can show if they were texting or making calls at the time of the accident. This evidence is often crucial in proving that the driver was distracted by their phone.
Surveillance Footage: Cameras from nearby businesses, traffic lights, or dashcams can capture the driver’s actions before the crash. This footage can provide concrete evidence of distracted behavior.
Vehicle Data: Modern vehicles often have event data recorders (EDRs) that record information about the car's speed, braking, and steering inputs. Analyzing this data can show sudden stops or swerves indicative of distracted driving.
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