Man driving car, illustrating distracted driving and potential car accident causes.

How Do You Recognize a Distracted Driver?

Distracted driving is one of the most common contributing causes of car crashes throughout Kentucky and Indiana. Modern technology like cell phones and touchscreen dashboards have given us more things to look at (and be distracted by) than ever. Plus, there are the old standbys: fiddling with the radio, talking with a passenger, or eating lunch on the way to work.

However, identifying a distracted driver—or proving that distracted driving is what caused the crash—isn’t always easy. Distracted drivers are often reluctant to admit that they were texting or just weren’t paying attention during a crash. And if you can’t prove the other driver was distracted, you may be less likely to obtain fair compensation for your injuries.

In this blog, we’ll talk about the kinds of evidence and analysis that drivers, police officers, and car accident lawyers use to figure out what really happened in distracted driving accidents—so that crash victims can get the justice and accountability they deserve.

Driver using cell phone while driving, illustrating distracted driving and potential accident causes.

What Is Distracted Driving?

Broadly speaking, there are three types of distractions:

  • Visual distractions. Anything that takes a driver’s eyes off the road.
  • Manual distractions. Anything that takes a driver’s hands off the wheel
  • Cognitive distractions. Anything that takes a driver’s attention and focus off the task of driving.

Cell phone use is especially dangerous, because it usually involves all three types of distracted driving.

Traffic congestion and inconsistent speed illustrating distracted driving signs.

What Are the Common Signs of Distracted Driving?

If you can spot a distracted driver early enough, you might be able to keep a safe distance and avoid a collision. But even if that isn’t possible, it can still help your personal injury case if you recognize that the other driver wasn’t driving safely.

Some of the most common signs of distracted driving include:

  • Unexpected or inconsistent speed. If a driver is going much faster or much slower than the speed limit, isn’t matching the pace of the traffic flow, or is randomly speeding up or slowing down, they are probably distracted.
  • Poor lane positioning. A driver could be drifting left and right in the lane, or straddling lane markers for an extended period of time.
  • Delayed or no reaction. A driver may remain stopped after a light turns green, run a red light or stop sign, or brake late when approaching stopped vehicles or traffic signals.
  • Visible distractions inside the car. If you are close enough to see the driver’s face or hands through the windshield, you might notice them looking hunched over, looking down at a phone, speaking with a passenger, eating, doing makeup, or fiddling with dashboard controls —all of which are obvious warning signs.
Man holding phone near car accident scene, illustrating distracted driving and potential injuries.

What to Do If You Think You Were Hit by a Distracted Driver

As with any other type of motor vehicle accident, you’ll want to take these steps as soon as you can, to the best of your ability:

  • Make sure you are in a safe location.
  • Contact the police to report the accident and request an officer. Be sure to tell the officer what you saw when you give your statement.
  • Swap contact, insurance, license, and license plate information with the other driver. Be sure to act calmly; do not provoke or accuse them.
  • Take photos of the crash scene, including the damage to both vehicles, any debris or skid marks left on the road, and their positions in relation to the accident. This could provide evidence of hard, late braking (which itself is a classic symptom of distracted driving).
  • Get contact info and statements from any eyewitnesses, such as bystanders or other drivers who may have noticed signs of unsafe driving from the at-fault driver.
  • Seek medical attention as soon as possible.
  • Contact a car accident lawyer as soon as possible and request a free consultation.

RELATED POST: What to Do After a Car Accident that Wasn’t Your Fault | Louisville, Kentucky

Man on phone looking concerned, illustrating distracted driving and potential accident liability.

How an Attorney Can Help With Your Distracted Driving Case

Because distracted drivers aren’t always honest with police or their insurance company about what really happened, these cases can end up in “my word versus yours” situations—especially if you can’t back up what you saw with objective evidence.

This is where an experienced personal injury attorney can make or break your case. A good lawyer will have several tactics and strategies at their disposal. For example:

  • Obtaining cell phone records. Phones store all kinds of metadata relating to their usage such as call logs, text messages sent and received, when apps were accessed, and location pings from cell towers. By obtaining the driver’s cell phone metadata, an attorney may be able to determine whether they were using their phone while on the road, at or immediately before the time of the crash.
  • Obtaining “black box” data. Most motor vehicles are equipped with event data recorders that store important information about the state of the car leading up to a crash. This includes things like the speed of travel, whether the accelerator was being pressed, when (or if) the car started braking, and when (or if) the driver attempted to steer or swerve. If, for example, the driver was traveling at 40 miles per hour until half a second before impact, then slammed on the brakes, that would be a solid indication that they were not paying attention.
  • Obtaining camera footage. Depending on where the crash took place, it may have been recorded by nearby security cameras or on a dash cam. However, this footage may be deleted in as little as a few days if you don’t act quickly to preserve it.
  • Following up with eyewitnesses. It’s important to get statements from witnesses as quickly as possible after the crash. A good attorney will make sure to follow up promptly, and they know what questions to ask to get the most persuasive information.
  • Working with accident reconstruction experts. Attorneys work with professionals who can analyze black box data, skid marks, debris patterns, traffic signal patterns, computer simulations, and other evidence to reconstruct, as best as possible, what actually happened leading up to a crash.
Handshake symbolizing legal representation and compensation for distracted driving accident victims.

Contact Our Distracted Driving Accident Attorneys Today

The Karl Truman Law Office has extensive experience handling a wide variety of auto accident claims on behalf of our clients, including cases involving distracted driving. If you were injured by a distracted driver, our attorneys will gather evidence on your behalf and pursue the compensation you deserve.

Please call (502) 222-2222 today for a free consultation with our distracted driving accident attorneys in Louisville, Kentucky and Jeffersonville, Indiana.