Distracted driving is one of the leading causes of serious car crashes in both New Hampshire and Massachusetts. From glancing at a text message to fiddling with a GPS or eating behind the wheel, a moment’s distraction can result in devastating consequences. But after the crash, how do you prove the other driver wasn’t paying attention—and that their negligence caused your injuries?
At Elmore Law Office, our Portsmouth personal injury attorney helps victims of distracted driving crashes pursue justice. Here’s what you need to know about proving negligence in these complex cases.
What Counts as Distracted Driving?
Distracted driving can take many forms, but generally falls into three categories.
They include:
- Visual distractions – taking your eyes off the road, including reading a text, or looking at a GPS.
- Manual distractions – taking your hands off the wheel, including eating, or reaching for something.
- Cognitive distractions – taking your mind off driving, including daydreaming or talking to passengers.
Even in states like Massachusetts and New Hampshire, where hands-free laws exist, drivers often still engage in risky behavior, contributing to crashes.
How Do You Prove the Other Driver Was Distracted?
Proving the other driver was negligent requires gathering evidence that shows they were not paying attention and that their inattention directly caused the crash.
Here are several ways to build a strong case:
- Cell Phone Records
Our attorney may request the at-fault driver’s phone records to see if they were texting, calling, or using apps during the crash.
- Eyewitness Testimony
Passengers, bystanders, or other drivers may have seen distracted behavior, such as swerving, looking down, or holding a phone.
- Dash Cam or Surveillance Footage
Video evidence from your vehicle, another driver’s dash cam, or nearby businesses can be invaluable in showing what happened just before the crash.
- Police Report
Officers often note if they suspect distracted driving. Admissions by the at-fault driver or citations for phone use can help support your claim.
- Accident Reconstruction
Experts can analyze vehicle damage, skid marks, and other data to determine the likely sequence of events and whether distraction played a role.
Why You Need a Personal Injury Lawyer
Distracted driving claims can be challenging to prove, especially if the driver denies wrongdoing. Insurance companies may try to shift blame or minimize your injuries.
Our skilled attorney knows how to:
- Secure time-sensitive evidence.
- Handle communications with insurers.
- Calculate the full value of your damages, including medical costs, lost wages, and pain and suffering.
At Elmore Law Office, we know how to hold distracted drivers accountable and fight for the compensation you deserve—whether your crash occurred on I-93, Route 128, or a neighborhood road in Concord, Manchester, or Lowell.
Contact Elmore Law Office Today
If you were hurt in a crash caused by a distracted driver in New Hampshire or Massachusetts, don’t wait. Contact Elmore Law Office at (603) 929-1117 or fill out our online contact form for a free consultation. We’ll investigate the crash, gather the proper evidence, and advocate for your rights every step of the way.
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