Distracted Driving: Proving The At-Fault Driver

Proving The At-Fault Driver was Distracted | McKay Law

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Do you know? A skilled attorney can assist you in proving that distracted driving was the cause of your accident.

The sooner you contact an experienced injury lawyer after being harmed by a negligent & distracted driver, the better. Evidence at the accident scene, particularly if distracted driving is an issue, maybe time-sensitive in that it will deteriorate if not gathered soon.

Before a crash, sometimes you may see the other driver had his eyes off the road. It may have been obvious from your vantage point that the at-fault driver was texting at the time of the accident.

The problem is demonstrating it. Drivers who have just caused a car accident frequently deny being inattentive in order to avoid receiving a ticket or having their culpability assigned in the police report. Few will admit to being distracted while driving because it is both unlawful and dangerous, especially when the police are around.

What Evidence Do I Have That The At-Fault Driver Was Distracted?

When the accident occurred, you claim you witnessed the other motorist digging through her pocketbook. The other driver lies and claims she wasn’t paying attention, or even attempts to turn the tables and claim you were the one who wasn’t paying attention. It may be tough to prove that the other driver was inattentive without more evidence. We can assist you in proving that the other driver’s distraction caused the accident by locating key evidence such as:

Distracted Driving | McKay Law


Traffic cameras can be quite useful, especially if the other vehicle was distracted and ran a red light or went too fast. If the accident occurred in front of a business, security cameras may be used to document the event. If the at-fault motorist is seen on film with his hands on his phone and knees on the steering wheel, there is little room for him to argue that he was irresponsible.


Bystanders who witnessed the accident may be able to vouch for your claim that the at-fault driver was not paying attention to the road. Accident victims may not always be able to stop and speak with prospective witnesses right away, particularly if they are seriously injured, but an attorney may be able to assist them. Because they have nothing to gain or lose by telling the truth, neutral witnesses who were not involved make exceptionally believable witnesses.

Physical evidence on the road or inside the other driver’s car

Physical evidence on the road or inside the other driver’s car may reveal what the driver was doing at the time of the crash. A purse scattered about the pedals shows the motorist was looking for something inside it while driving. A half-eaten bowl of cereal on the dashboard implies the motorist was too preoccupied with eating to pay attention to the road. A tire mark on the road could indicate that the motorist was preoccupied and used emergency steering to change his course.

You should call an experienced personal injury attorney as soon as possible following the accident. The sooner an investigation can begin, the more probable it will be to find and preserve valuable evidence.

Contact an East Texas Car Accident Lawyer Right Now!

The attorneys at McKay Law focus their practice on aggressively representing the victims of car accidents and truck accident cases throughout East Texas, including Sulphur Springs, East Texas, and statewide.

McKay Law will help you get the compensation you deserve if you were injured by a distracted driver. Our East Texas car accident attorneys will perform a thorough investigation to help you establish the best possible case.

To schedule a free consultation with one of our top car accident lawyers, Call (903) 999-2653 or submit your case for a free case review.

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About McKay Law

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Caleb Moore
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This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!
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McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
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Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
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Very professional greatest law firm I’ve ever worked with.

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Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

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