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Auto Accident 1.15.2022

How to Prove Distracted Driving. What you need to know.

Distracted driving can cause various types of accidents, including rear-end collisions. A distracted driver can be a cause of rear-end collisions and all kinds of other accidents on Michigan roads. While a rear-end collision can also happen due to other causes, such as going too fast for weather conditions, and following too closely, the distractions cause an overwhelming majority of such motor vehicle crashes.

Although rear-end collisions do not always end in serious accidents, figures from the National Highway Traffic Safety Administration (NHTSA) show that motor vehicle crashes are the number one safety problem in American transportation with traffic fatalities in the following categories up in 2020 as compared to 2019:

  • on rural local/collector roads (up 11%), urban interstates (up 15%), and urban local/collector roads (up 12%).
  • during nighttime up 11%.
  • during the weekend up 9%.
  • in older vehicles 10 years or older up 6%.
  • in rollover crashes up 9%.
  • occupant ejection up 20%.
  • in single-vehicle crashes up 9%.
  • in speeding-related crashes up 11%.
  • in the 16-to-24 age group up 15%, the 25-to-34 age group (up 18%), and the 35-to-44 age group up 14%.
  • males (up 9%).
  • unrestrained occupants of passenger vehicles up 15%.
  • Black people up 23%; and
  • in police-reported alcohol involvement crashes up 9%.

If you or a family suffered injuries or death in a rear-end crash recently, you might wonder whether you have any legal recourse against a careless distracted driver. A Michigan car accident lawyer can advise you on any of your legal options for recovering compensation.

Examples of Distracted Driving

Texting and driving are the number one activity that comes to mind when we think about motorist being distracted while driving a vehicle. However, there can be many reasons why a driver might be distracted. According to the Centers for Disease Control (CDC), any activity that takes a vehicle driver’s mental attention away from the task of driving can be considered as distracted driving. Examples of distracted driving include:

  • Talking or texting on the phone
  • Interacting with passengers
  • Adjusting the stereo or air conditioning
  • Playing loud music
  • Looking at something outside the car
  • Eating and drinking while driving
  • Pets freely roaming around the car
  • Putting on makeup

Distracted driving can be a serious cause of rear-ends collisions in cities across the state of Michigan such as Warren MI, Clinton Twp MI, Detroit MI, Southfield MI, Macomb MI, Shelby MI, Farmington Hills MI, Pontiac MI, Troy MI, and Sterling Heights MI. If you can prove that a distracted driver caused your auto accident, you should be able to recover medical bills, wage loss, and other expenses. Depending on your injuries, you could also qualify for non-economic compensation, including awards for physical pain & suffering, emotional distress, disability, and other damages.

Proving Distracted Driving In Michigan

Proving a driver was distracted while driving can be challenging for those looking to recover compensation from an at-fault driver. If a driver was texting on their phone or was on a call with someone while they rear-ended another car, their phone records might provide this proof. However, other distractions, such as adjusting the stereo or interacting with passengers in the backseat, could be much harder to prove, unless someone admitted to this, or eye-witnesses exist. A plaintiff will need to provide compelling evidence that holds up in a court of law to prove a at fault driver was distracted.
In most cases, evidence proving negligence can include police accident reports, witness statements, car event data recorder (black box), traffic camera recordings, cell phone records and other proof that could be difficult to obtain. A car accident lawyer can help accident victims gather the necessary evidence to prove a distracted driving claim.

Contact Us for Help Today

If you or a loved one suffered harm in a rear-end accident in Michigan due to a distracted driver, you might have the right to hold the driver legally responsible for your damages. Hiring a car accident lawyer as soon as possible after your accident can be a good first step for getting you justice. Do not wait to seek legal advice. There is a time limit on filing personal injury claims in the state of Michigan.

Contact the Law Offices of Joseph Dedvukaj for a free consultation today at 866-HIRE-JOEBBB A+ rated personal injury law firm.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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