Distracted driving is a huge issue. Much like with drunk driving, people know that distracted driving isn’t safe, but they tend to overestimate their own ability at the wheel.
People who have had too much to drink decide to drive home because they have too much faith in their own driving skill or their alcohol tolerance. Similarly, people may think there is no problem with posting a quick video online or reading a text message at the wheel because they think they can multitask safely.
However, those trying to multitask at the wheel are responsible for a significant number of crashes that occur every year in Arizona. If the other driver denies that distraction caused the wreck, can you still hold them accountable?
There may be evidence available
There have never been more cameras capturing road conditions than there are currently. There are traffic cameras at many of the busiest intersections.
Drivers may have dashboard cameras in their vehicles to protect them from liability or crime. Even if you don’t have a dashboard camera in your vehicle, the other driver or drivers near you at the time of the wreck might.
Finally, security cameras have become increasingly popular. Even a doorbell camera in a residential neighborhood could capture footage of someone approaching an intersection with their phone in their hands.
Additionally, when you advise the police of your suspicion that the other driver use their phone prior to the wreck, police officers can potentially obtain data use records from the phone company or from software developers that run different apps. That information can help you conclusively show that the other driver thinking had a phone in hand when they caused your crash.
Phone use is an actionable form of negligence
Given that people recognize how dangerous it is to text and drive, you could potentially have grounds for a personal injury claim against a distracted driver because the average person understands that texting while driving is a dangerous decision.
Additionally, manually texting or dialing a phone is against the law in Arizona. Drivers of all ages should avoid holding phones and other devices when they should have both hands on the steering wheel. You may be able to file an insurance claim, and if there isn’t enough coverage for all of your costs, then you may be in a position to take the other driver to civil court.
Learning more about the laws that protect you after motor vehicle collisions can help you make the best of a bad situation.