Distracted driving is where the driver takes his or her focus off the road. The two leading causes of distracted driving are talking on the cell phone and texting.

Proving a distracted driving case is interesting. Sometimes the person who caused the accident just admits; they say, “oh, I was texting”. That’s a good sign. Other opportunities are when we can subpoena the cell phone records of the distracted driver to determine the exact time when the accident occurred to determine whether you’re texting or on the cell phone.

If you call the police and they either don’t come or there’s no police report file, you still want to write down the facts, the accident and most importantly you still want to exchange information with the other party.

Getting pictures after an accident is very important. If all you have is your cell phone then take pictures of both cars and be sure to take pictures of the surroundings. What I tell my clients is to have a disposable camera in their glove box.

A lot of people don’t feel pain right after an accident. Part of that is due to the adrenaline that’s running through your body. I still recommend that you see your primary care physician or an urgent care after any accident.

To avoid being a distracted driving yourself, don’t text and drive, don’t talk on the cell phone and drive unless you have a hands-free device. As I tell my 21-year-old daughter weekly, “don’t text and drive, you’re going to cause an accident”. If you’ve been involved in an accident caused by a driver you suspect was distracted, call us at the Hameroff Law Firm to discuss the circumstances of your case: 520-792-4700