Evidence of Distracted Driving in Ohio Truck Accident Cases
Distracted driving is a leading cause of truck accidents in Ohio and across the United States. Truck drivers spend long hours behind the wheel daily, and, far too often, they allow distractions to take their focus off of the task at hand. With this in mind, if you or a loved one has been involved in a truck accident, it is important to consider the possibility that distracted driving was a factor, and you will want to hire a Columbus truck accident lawyer who can collect any and all evidence that is available.
How to Prove a Truck Driver Was Distracted Behind the Wheel
When you are driving, there are several signs that a truck driver may be distracted behind the wheel. Failing to maintain a consistent speed, drifting into an adjacent lane, drifting onto the shoulder and braking harshly without necessity are all telltale signs of distracted driving. But, in order to seek financial compensation for your (or your loved one’s) truck accident, you must be able to prove that the truck driver was distracted at the time of the collision.
So, how do you prove it? As with all causes of serious and fatal truck accidents, proving that the truck driver was distracted requires a thorough investigation. When you hire a Columbus truck accident lawyer to represent you, your lawyer will seek to collect evidence such as:
The Truck Driver’s Cell Phone Records
Cell phone records are often key evidence in truck accident cases involving distracted driving. If the truck driver was on his or her phone at the time of the accident (whether talking, texting, watching videos or scrolling social media), the cell phone company’s data usage records should be available to prove it.
The Truck Driver’s Social Media History
If the truck driver was on Facebook, Instagram, TikTok, X, or another social media platform at the time of the accident, your Columbus truck accident lawyer may also be able to use the truck driver’s social media history to prove that he or she was distracted. Even if the truck driver’s social media profiles are set to private, your lawyer may be able to obtain the necessary evidence from the relevant social media company.
The Truck’s “Black Box” Data
Modern large commercial trucks store extensive amounts of data. In many cases, this includes data related to truck drivers’ use of GPS navigation and other onboard systems. If the truck driver who hit you or your loved one was distracted by something other than his or her phone, the truck’s “black box” data could be the key to proving your legal rights.
The Trucking Company’s Internal Records
If necessary, your lawyer can seek access to the trucking company’s internal records to prove that the truck driver was distracted as well. If the truck driver was communicating with dispatch at the time of the accident, if the driver was logging his or her miles, or if the driver was doing anything else that resulted in documentation being generated and stored, this is documentation that you are entitled to obtain once you file a truck accident lawsuit.
Forensic Evidence from Inside the Truck
When investigating your (or your loved one’s) truck accident, your lawyer can also send an investigator to document any forensic evidence located inside of the truck. If the truck driver was eating, drinking, smoking or doing anything else besides driving at the time of the accident, there may be proof available inside the truck’s cab.
Testimony from the Truck Driver
When you file a truck accident lawsuit, you have the right to obtain the truck driver’s testimony. The truck driver must testify under oath, which means that he or she is legally obligated to tell the truth. If the truck driver acknowledges that he or she was distracted for any reason, this acknowledgment could be key evidence in support of your claim for just compensation.
Testimony from Other Trucking Company Personnel
Along with the truck driver’s testimony, you have the right to subpoena testimony from other employees at the trucking company as well. If other employees testify that they were talking to the truck driver at the time of the collision or are otherwise aware that the truck driver may have been distracted, your Columbus truck accident lawyer will be able to use their statements to help prove that the trucking company deserves to be held fully liable.
To be clear, not all of these forms of evidence will be available in all cases. Every case is unique, and it is important to hire a lawyer promptly so that your lawyer can launch an investigation right away. Once your lawyer has collected the evidence he or she needs to prove that you are entitled to just compensation, then your lawyer can shift his or her focus to determining how much you are entitled to recover.
What if You Can’t Prove the Truck Driver was Distracted?
What if you can’t prove the truck driver was distracted? While evidence of distracted driving can take many forms, it won’t necessarily be possible to prove that the truck driver was distracted in all cases.
Even if you can’t prove that distracted driving is to blame for your (or your loved one’s) accident, you may still be able to establish a claim for financial compensation on various other grounds. Speeding, tailgating, braking harshly, and drifting out of the truck driver’s lane are all forms of negligence that can create liability regardless of any distractions. Your Columbus truck accident lawyer can look for evidence of these (and other) issues as well, and your lawyer can pursue any and all viable claims on your behalf.
Schedule a Free Consultation with a Columbus Truck Accident Lawyer Today
If you are dealing with the aftermath of a truck accident in Ohio, our lawyers can promptly conduct a thorough investigation and fight to recover the financial compensation you and your family deserve. To speak with an experienced Columbus truck accident lawyer as soon as possible, call 888-444-7440 or request a free consultation online now.