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How Can You Prove the At-Fault Driver’s Negligence?

Posted on February 14, 2022 in

Careless driving behaviors can lead to life-altering injuries and possibly even fatalities. In Arizona, almost 58,000 distracted driving accidents were reported in 2018, and of those crashes, there were 800 fatalities and 16,000 serious injuries. If you are injured in a car crash, you may need to prove the at-fault driver was distracted. Proving fault is essential to the success of your personal injury claim, and proof can disappear over time.

If you are injured in a distracted driving car accident, speak without delay to a personal injury specialist attorney at Jensen Phelan Law Firm for a chance to hold the negligent driver accountable. We provide prompt investigation plus tenacious, dedicated representation to help you achieve a successful outcome and obtain the compensation you deserve for your losses.

How Arizona Laws Protect You in Distracted Driving Accidents

In Arizona, it is illegal to use a cellphone while driving unless the cellphone is in hands-free mode. This law is one of the new attempts to mitigate distracted driving cases across the state.

Drivers may not engage in physically holding a device with any part of their body. The following are still acceptable:

  • Using a portable wireless device with an earpiece, headphone device, or device worn on a wrist to engage in voice-based communication.
  • The use of GPS as long as it’s in a hands-free manner.
  • The use of a vehicle’s built-in interface with wireless devices.
  • A hand-held device can be used as long as the vehicle is not in motion.

Other laws exist in Arizona to help reduce the prevalence of distracted driving accidents. For new drivers who have had their license for less than six months, it is illegal to use a cellphone while driving. Additionally, school bus drivers are also prohibited from using cell phones while driving. If you experienced an accident due to another driver’s distracted, negligent behavior, speak to an Arizona car accident attorney for an assessment of your case.

How to Prove the At-Fault Driver Was Distracted in Arizona

Distracted driving behaviors can include other activities, such as eating and/or drinking while driving, talking to other occupants in the car, fiddling with the radio, and other distractions that take your attention away from the road. When you have experienced a car accident due to negligence, you may need to prove the at-fault driver was distracted and caused your injuries. The following are some of the methods you may use to prove fault.

Police Report Documentation

After you have experienced a car accident, it is likely that a responding officer will arrive on the scene and fill out a police report on the details of the accident. Within this report could be various foundational facts and often an initial assessment of liability. Additionally, if you notice that an at-fault driver engages in any distracted driving behaviors preceding the accident or immediately after the collision at the crash scene such as eating or talking on the phone, let the officer know so that it may be included in the report. Use your cell phone to take several photos of the crash scene area, damages to both vehicles, etc.

A police report is often not accepted as court evidence without the supporting testimony of the author of the report, but it can assist your Arizona car accident lawyer in negotiations by providing leverage in your dispute.

The At-Fault Driver Admits Fault

While it is common knowledge that you shouldn’t admit fault after a car crash, some drivers may thoughtlessly apologize or admit guilt for actions they did that contributed to the accident. Although this admission of fault may or may not be used in court, if it is documented in a police report, your Arizona car accident lawyer most likely will be able to use it in negotiations to provide leverage for an out-of-court settlement.

Witness Statements Prove Liability

Witnesses, passengers, or bystanders can provide written and signed statements to be included in the police report. In incidents involving an at-fault driver, witness statements are valuable for our specialist car accident lawyers when arguing for your claim. These statements provide independent evidence of what happened during the incident and what actions influenced the crash.

Video Footage or Photos Prove Liability

The best evidence you can obtain from the car accident scene is often photos and videos capturing the details of the incident. This includes photo and video proof taken by passengers, bystanders, video surveillance of private businesses, police dash cams, and traffic light camera footage. This is a strong way to prove that distracted driving was a factor in the accident.

Cell Phone Records Prove Liability

An experienced car accident lawyer can utilize cell phone records in order to prove liability in an accident. In these types of cases, it is essential to record the time of the accident, report it to law enforcement, and require the time to be included in the police report. Retain your skilled Arizona car accident lawyer quickly if this is an important part of the case because a subpoena is needed to get the adverse driver’s cell phone records. Our specialist lawyers will then gather the pertinent cell phone records from the at-fault party’s cell phone company which will show the details of cell phone use IF they are collected promptly. Delay will usually mean the records are no longer available. By showing the time and date relationship between the cell phone use history and the car accident, your lawyer can make a strong case suggesting liability.

Speak With an Arizona Car Accident Specialist Attorney at Jensen Phelan Law Firm

If you have been terribly injured due to the negligent actions of a distracted driver, you need the experienced and reliable Arizona car accident attorneys at Jensen Phelan Law Firm to help you obtain the necessary compensation you deserve for your losses.

The legal team at Jensen Phelan Law Firm is proud to provide exceptional, quality representation to clients all over Arizona. We have nearly 50 years of exceptional legal experience and vast knowledge of Arizona law to help you obtain the most favorable outcome for your personal injury claim. Call (928) 778-2660 today for a free consultation, or fill out our contact form.