Distracted driving continues to be a major cause of many Connecticut car accidents. Distracted driving is any activity that takes your attention off the main task of driving.
Contrary to popular belief, distracted driving means more than using your phone while driving. Eating, drinking, adjusting a navigation system or even talking with a passenger are forms of distracted driving that increase the chance of a car accident.
When you are injured in an accident with a distracted driver, you can potentially recover compensation for your losses through a personal injury action. Distracted driving is negligent behavior and establishing negligence is necessary to receive compensation.
Proving driver distraction can be more challenging than proving other types of driver negligence, such as drunk driving. When drunk driving was the cause of an accident, you can typically rely on test results, such as blood or breath tests, as evidence to prove your case.
But direct evidence of distraction is not always as easy to obtain in a distracted driving case. This does not mean that proving distraction is impossible. Here are some ways to gather evidence to help you prove distraction.
Photos and videos
Take photos and videos of the accident scene, particularly photos of the other driver’s vehicle. Examine the scene for evidence of distraction, such as food or their phone sitting on their front seat.
Analyze the position of vehicles, skid marks or any signs or signals at or near the scene. If you are trying to prove distraction caused the other driver to miss a stop sign, a photo showing the stop sign can be good evidence.
Talk to witnesses at the scene or owners of nearby businesses. Obtain their contact information so you can follow up with them. They might be able to provide valuable statements to the police or testify on your behalf.
Business owners may have surveillance footage that captured the accident. The footage might show the other driver engaging in distracting behavior just before the crash.
Phone records
If you believe the other driver’s use of a cell phone was a distraction, consider subpoenaing the driver’s phone records. They could show the driver was talking on their phone, sending a text or using data at the time of the accident.
Try to locate and review the other driver’s social media. A post at or near the time of the accident could also establish distraction.
Even if you prove the other driver’s distraction, prepare yourself for a comparative negligence defense. Connecticut follows a modified comparative negligence standard.
How comparative negligence works
This means that your own percentage of negligence could reduce your compensation. Additionally, if your percentage of negligence is found to be 51% or higher, you cannot recover compensation.
For example, you may ask for $100,000 in compensation for damages and prove the other driver was distracted by running a red light. However, the evidence could also show that you were speeding at the time of the accident.
If, after reviewing the evidence, the court decides that you hold 30% of the fault for the accident, your recovery must be reduced by 30%. This means you will only receive $70,000 in compensation.
Many Connecticut car accidents involve an allegation of negligence on both sides, which is why it is important to be prepared with the strongest possible evidence.
