Distracted driving can be difficult to prove. In fact, it’s hard to say how many people are injured in these types of crashes who aren’t even aware that another driver was using a cell phone. But sometimes a bystander or another motorist can provide a firsthand account of this negligent driving behavior, particularly in the case of a pedestrian accident.
That was the situation recently when a 61-year-old man walking in his Brooklyn neighborhood was struck and killed by an NYPD van. Not only is it alleged the pedestrian had the right-of-way, but a witness also claims the officer driving the van was talking on her cell phone at the time of the crash. She reportedly refused to hand it over to officials. A subpoena has been issued to access the records.
Proving Distracted Driving in an Accident
Although there are some statistics available on cell phone use during crashes, experts believe many occurrences aren’t reported. It can be difficult to prove, but not impossible.
For instance, police officers might observe an unfinished text message when investigating the crash. Sometimes investigators or an attorney can obtain cell phone records, which will help show if calls or text messages took place at the time of the accident. And of course, as in the aforementioned situation, a witness could testify to seeing that the driver was distracted.
Although it isn’t always easy to prove, there are ways to establish distracted driving as either the cause of an accident or at least a contributing factor. If this was the case and someone was seriously injured, it would be beneficial to seek legal advice.
For help understanding one’s rights and options, contact a lawyer from Gacovino, Lake & Associates. We can help determine the validity of a claim and assist clients wishing to investigate the circumstances of an accident and pursue legal action.
