Proving Distraction After a Collision
A successful distracted driving car accident claim involves proving the other driver’s negligence. This can be difficult to do because they are unlikely to admit they were distracted, and it is almost impossible to gauge distraction after the fact.
Our lawyers in Bakersfield could use specific evidence to help build a strong distracted driving car accident claim that supports a fair settlement or court award for you. This may include the following:
- The testimony of eyewitnesses, including the occupants of other vehicles in the vicinity
- The expert testimony of professionals in fields related to identifying phone activity, such as texting at a specific time
- The other driver’s phone record, which could also establish whether they were engaged with their phone at the time of the accident
- The police report and any citations that were issued
- Photos and videos taken by those at the scene of the accident
- Footage captured by dashcams, traffic cameras, or security cameras in the vicinity
Proving fault is a key element of every car accident claim, and our lawyers could assist you with this.
Additional Elements Needed When Building a Claim
In addition to proving the other driver’s distraction, it is necessary to establish that it was the direct cause of the accident that left you injured. For example, if a motorist’s distraction caused them to sideswipe or rear-end your car, you will need to prove this.
The final element is demonstrating that you suffered legal damages as a result of the accident. These are the physical, financial, and emotional losses that personal injury law addresses. If you were injured in a distracted driving accident, you can rely on our trusted attorneys to clearly outline each of your claim’s required elements.
What Damages May Be Available?
The losses you can seek compensation for after a distracted driving car crash in Bakersfield include the following:
- Property damage to the vehicle and to any of its contents
- Current and ongoing medical expenses
- Lost income, which may include losses that relate to your career and earning power
- Physical and emotional pain and suffering, which should never be overlooked
Seeking the support of skilled legal representation from our firm as soon as possible after an accident could positively influence the compensation in your claim.
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