Zumbado & Elmore
Experienced New Hampshire & Boston, Massachusetts Personal Injury Attorneys
Free Consultation | Se Habla Español
800-926-7677
Zumbado & Elmore
Experienced New Hampshire & Boston, Massachusetts Personal Injury Attorneys
Free Consultation
Se Habla Español
800-926-7677
HELPING THE INJURED & THEIR FAMILIES

How do you prove another driver’s distraction caused a wreck?

On Behalf of | Nov 15, 2021 | Motor Vehicle Accidents |

New Hampshire has laws against distracted driving. Not only is it illegal for someone to type out a text, but even talking on the phone manually violates state law. Unfortunately, many drivers will still try to use their devices at the wheel, possibly with terrible results.

If you saw the other driver with their phone in their hands prior to a crash that hurt you or wrecked your vehicle, how can you seek justice? Is it possible to prove that someone broke the state distracted driving laws and caused a wreck?

The police have investigative authority

Police have to assign fault for a crash with injuries or property damage, and they have the ability to investigate what someone did prior to the collision. The police can obtain warrants for phone records that might validate their suspicions of distracted driving or other misconduct.

A judge could sign off on a warrant request for a driver’s phone records. People may also sometimes subpoena phone records as part of civil proceedings. Even if a driver hides their phone or lies about their actions prior to the crash, the records from their mobile phone company will show conclusively if they sent a text message or use data at the time of the wreck. 

People driving are sometimes caught on camera

There are traffic cameras in New Hampshire that could potentially catch evidence that helps your case. Although they are there to track the flow of traffic and not for enforcement, they could catch something that helps your case. If the crash takes place near a high-traffic area, there could be camera footage of that other driver with their phone in their hands.

Security camera footage could also help prove your claim. Both businesses and residences nearby may have cameras facing the street or capturing part of the road. It’s possible for a driver’s dashboard cam to have caught something as well. Video footage of the other driver with their phone in hand could be  conclusive evidence that distraction caused your crash.

You should speak up about your concerns

To protect your rights and ensure that the police assign blame to the right party, it is important that you tell the police officer responding to the crash about your suspicions of distracted driving. An officer can search for evidence that they don’t know they need.

Many distracted drivers will lie or try to hide their responsibility for a rest, so pushing for the truth may be necessary if the other driver doesn’t want to admit their mistake. Understanding that it is possible to seek justice after a distracted driving wreck can help you hold a driver accountable for their bad decisions.