person on phone while driving

In a world filled with constant digital distractions, our roads have become increasingly perilous. When a motorist’s attention is on anything but the traffic around them, the consequences can be devastating.  If you or a loved one was the victim of a distracted driving accident in Michigan, understanding how to prove negligence is essential in seeking justice. In this blog post, we will explore the nuances of building a compelling claim, so you can pursue the compensation you deserve.

 

The Growing Menace of Distracted Driving

Distracted driving, often caused by activities like texting, talking on the phone, or adjusting the GPS, is a grave concern in Michigan and across the nation. It diverts a driver’s attention away from the primary task of driving, significantly increasing the risk of accidents.

Establishing Negligence in Distracted Driving Cases

Proving liability for a distracted driving accident comes down to negligence, which requires a careful examination of the facts and circumstances surrounding the incident. In Michigan, to establish negligence, you must demonstrate the following elements exist:

  1. Duty of Care: To prove the first element of negligence, you must establish that the at-fault driver owed a duty of care to other road users. In this case, the duty is implied, as every motorist automatically assumes a responsibility to operate their vehicle safely and without distractions.
  2. Breach of Duty: To prove negligence, it must be shown that the distracted driver breached their duty of care. This breach can be established by demonstrating that the driver was engaged in a distracting activity while operating the vehicle.
  3.  Causation: It is crucial to establish a direct link between the distracted driving and the accident. This involves demonstrating that the accident occurred as a result of the driver’s distraction, and it would not have happened otherwise.
  4. Damages: Lastly, to pursue compensation, it is essential to show that you or your loved one suffered damages as a result of the distracted driving accident. These damages may include medical expenses, property damage, lost wages, and pain and suffering.

Collecting Evidence

Building a strong case after a distracted driving accident requires comprehensive evidence. Here are some key pieces of proof that may help prove negligence:

  • Eyewitness Testimonies: Statements from witnesses who observed the distracted driving behavior can be crucial.
  • Cell Phone Records: Phone records can provide texting or calling at the time of the accident.
  • Accident Reconstruction: Experts can reconstruct the scene to demonstrate how distracted driving led to the collision.
  • Police Reports: Law enforcement reports may include observations about distracted behavior.

Proving negligence in distracted driving accidents is vital for victims who want to pick up the pieces in the aftermath. By establishing the duty of care, breach of duty, causation, and damages, you can build a compelling case. Collecting the right evidence is essential, and turning to a resourceful attorney can make a significant difference in navigating Michigan’s complex legal landscape.

Speak with a Car Accident Attorney in Michigan

If you were struck by a driver who wasn’t paying attention, you deserve justice, and the team at Smith & Johnson can help you seek it. Contact Tim Smith (tsmith@smith-johnson.com) or submit our Contact Form to schedule a free initial consultation with a car accident lawyer in Michigan.