Question By: Proving distracted driving in Wisconsin car accident cases involves gathering and presenting various forms of evidence to demonstrate that the driver was not paying adequate attention to the road. Distracted driving can include activities like texting, using a phone, eating, adjusting the radio, or interacting with passengers.
Eyewitness Testimonies: Witnesses who saw the driver engaging in distracting activities can provide critical evidence. Their accounts can corroborate claims that the driver was not focused on driving at the time of the accident.
Police Reports: Law enforcement officers typically investigate the scene of an accident and may note signs of distracted driving in their reports. This could include the presence of a phone in the driver’s hand, the driver admitting to being distracted, or other observable behaviors indicating inattention.
Phone Records: Obtaining the driver’s phone records can reveal whether they were using their device around the time of the accident. This includes texts, calls, and app usage, which can pinpoint moments of distraction.
Surveillance Footage: Traffic cameras, security cameras from nearby businesses, or dashboard cameras can capture footage of the driver engaging in distracted behavior leading up to the crash.
Vehicle Data: Modern vehicles often have data recording systems that can provide information on the car’s operations, such as sudden braking or steering maneuvers that might indicate distraction.
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