What Evidence Is Used to Prove Distracted Driving in Court?

Were you recently hurt in an accident caused by a distracted driver in Alabama? Proving the other driver was distracted requires gathering the right evidence to build a strong case. This can include cell phone records, witness testimony, and even footage from traffic cameras. Understanding how to collect and present this evidence can make all the difference in your case.

Distracted Driving Facts and Figures

The following facts and figures highlight the impact of distracted driving in Alabama and across the U.S.:

• Nationwide Impact – In one recent year, distracted driving factored into 8 percent of fatal crashes, 12 percent of injury crashes, and 11 percent of all police-reported car accidents across the country. These crashes involving distracted drivers resulted in 3,308 fatalities and approximately 289,310 injuries.
• Effect on Nonoccupants – Of those killed in distraction-affected traffic crashes in the same year, 621 were nonoccupants (pedestrians and bicyclists).
• Alabama-Specific Data – In Alabama, 67 out of 986 total crash fatalities were linked to distracted drivers, accounting for 6.8 percent of all traffic deaths in the state.
• Texting Risk – Research suggests that drivers who text are 23 times more likely to be involved in a crash than those who are not distracted by their phones.

Alabama’s Texting and Driving Laws

On June 15, 2023, Alabama enacted strict distracted driving laws regarding cell phone use while driving. These laws prohibit holding a cell phone or any electronic device while driving. Drivers can still use hands-free devices like speakerphones, earpieces, wireless headsets, or in-car systems, but the law limits interaction with these devices to a single touch or swipe. Exceptions exist for certain circumstances and individuals, such as emergency services personnel and utility workers doing their jobs.

A first-time offense can result in a $50 fine and one point against your license. The penalties increase with subsequent offenses, with a second offense costing $100 and two points and a third offense resulting in a $150 fine and three points. More than three offenses can lead to the suspension of your driver’s license.

The new law categorizes cell phone use while driving as a secondary offense. This means police can only issue a citation if they stop you for another moving violation, such as speeding or swerving. Until June 2024, officers only issued warnings to allow drivers to adjust to this law. However, because this grace period has ended, any violation will result in a fine and points on your license. 

What Evidence Is Used to Prove Distracted Driving in Court?

Gathering evidence is essential to establish that a driver was distracted at the time of an automobile accident. This distracted driving evidence can take various forms, each providing a unique perspective on the incident:

• Cell Phone Records – Cell phone records can reveal if a driver was texting, calling, or using data at the time of the accident. By examining timestamps and activity logs, attorneys can argue that a driver was using their phone and not paying full attention to the road.
• Witness Testimony – Expert witnesses and eyewitnesses can provide professional insights or first-hand accounts about an accident. Expert witnesses might analyze patterns in distracted driving cases, while eyewitnesses might recall seeing the driver looking down at a phone or engaging in other distractions.
• Accident Reconstruction – Accident reconstruction reports use physical evidence to recreate the events leading up to a collision. Based on vehicle positions, speeds, and impact angles, they can demonstrate whether distracted driving likely contributed to the accident.
• Police Reports – Police reports often include an officer’s observations at the scene, such as whether a driver admitted to being distracted or if a phone was apparently in use. This official documentation can strongly support claims of distracted driving.
• Dashboard Camera Footage – Dashboard cameras or in-car technology can provide a clear view of a driver’s actions before an accident. This evidence might show the driver interacting with a phone, adjusting controls, or taking their eyes off the road.
• Surveillance Video – Footage from nearby surveillance cameras can capture the moments leading up to an accident. This visual evidence might show a driver’s behavior, such as swerving or not braking, which could indicate distraction.
• Social Media Posts – Posts made on social media around the time of the accident can indicate that a driver was using their phone when they should have been focusing on driving. Timestamped posts can be particularly telling.
• Traffic Violations – Prior traffic violations can paint a picture of a driver’s habits and tendencies. A history of distracted driving citations could strengthen the argument that a driver was likely distracted at the time of the accident.
• Driver Behavior Analysis – Analyzing a driver’s behavior, including reaction times and decision-making patterns, can reveal signs of distraction. This type of evidence can involve examining how quickly a driver responded to road conditions or other vehicles.
• GPS Data – GPS data from a driver’s phone or vehicle could show whether the driver was using navigation devices or apps at the time of the accident. The data can also provide insight into whether the driver was moving erratically, which could suggest distraction.
• Traffic Camera Footage – Footage from traffic cameras can capture an incident from a broader perspective, showing a driver’s actions in relation to other vehicles and traffic signals. This evidence can illustrate whether the driver appeared inattentive or unsteady.
• Event Data Recorder Evidence – Event data recorders or “black boxes” record information about a vehicle’s speed, braking, and other critical factors leading up to a crash. This information can reveal whether a driver was distracted or reacting inappropriately to road conditions.

Contact Our Alabama Car Accident Lawyers to Learn More

Proving distracted driving is uniquely challenging. Unlike drunk driving, no chemical analysis or roadside test can provide definitive proof of driver distraction. This is why working with a knowledgeable car accident lawyer to pursue your distracted driving accident case is so important.

At Stokes Stemle LLC, we can gather the evidence necessary to build a robust case and fight for the compensation you deserve. Don’t leave your case to chance. Contact us today for a free consultation and take the first step toward holding the distracted driver accountable.