How an Attorney Can Prove Distracted Driving

How an Attorney Can Prove Distracted Driving

Distracted driving claims the lives of thousands of drivers a year and injures many more in the process, yet still, many motorists choose to let their hands, eyes, and minds wander behind the wheel. If you’ve been hurt in a car accident because of a distracted driver, it can be difficult to gather enough evidence to pin fault on them—fortunately, accident attorneys in Nevada can prove that distracted driving occurred. 

Subpoenaed Cell Phone Records

Nevada’s distracted driving laws can seem wordy to a layman, but in truth, are fairly simple. Handheld devices can’t be used to text, call, access the internet, or otherwise send and read data while driving, even at red lights. If a driver is suspected of using a cellular device behind the wheel, an attorney can attempt to subpoena the cell phone records of the suspect, forcing their cell phone company to surrender their logs to the court. If the timestamp of a text or call is found to be similar to the time of the accident, there’s very little the other driver can do to escape conviction for distracted driving.

Camera Footage and Witness Affidavits

How An Attorney Can Prove Distracted DrivingVideo evidence of distracted driving is surprisingly common, especially in urban environments. Footage can be found on witness’s devices, local security cameras, and dash cameras on police cars or other vehicles, and can be part of a compelling case by confirming that a driver was using a device, had their eyes elsewhere, was talking to somebody, or was eating behind the wheel. The majority of security cameras are privately owned, so it can be a challenge to convince property owners and businesses to part ways with footage—this also needs to be done quickly, as most security cameras automatically delete data after a certain amount of time, only ever containing footage of the immediate past.

Cameras aren’t always available, and distracted driving can take a variety of forms, including conversations with other passengers. Gathering official affidavits or subpoenaing witnesses and passengers to testify in court can help prove that distracted driving occurred; however, due to both some passenger’s sympathy towards trusted friends who may have been driving, and to the inherent unreliability of memories and testimonies, affidavits and testimonies are only a piece of the puzzle (though still a valuable one). 

Car Accident Attorneys Are Indispensable

Technically, you can do everything we’ve discussed in this article on your own—there’s no special license or method attorneys use to gather evidence that’s off-limits to the public. However, that doesn’t mean these things are easy. There are procedures to follow and legal hoops to jump through, and the core of this type of evidence gathering is utilizing strong legal pressure and persuasive skills; Nevada accident lawyers are intimately familiar with this process and can gather more high-quality evidence, faster. The personal injury lawyers at Aaron Law Group has the resources and expertise to take the burden of a complex case off of your shoulders, so if you’ve suffered at the hands of a distracted driver, contact us today at (702) 550-1111 to schedule a free consultation and see how we can help you.

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