If you are hit from behind in an auto accident, it can be hard to say for sure exactly what has happened. Determining how and why a person hit you from behind may be deduced by what the police have found in their report. If you have reasons to believe that the other person caused the accident due to being distracted by their phone, there may be ways that you can go about proving this theory. Here are some ways that you and your auto accident attorney can get to the bottom of an accident that may be due to online gaming.
Look for tapes in the area
One of the tale-tell signs that a person was on their phone is them looking down towards the bottom of the car rather than looking up at the road. If you can find cameras that are in the area of the driving path where the crash happened, this is a good way to find proof of being on a phone. If you find area businesses or complexes that have cameras directly on the path of the crash, have your auto accident attorney request the records for the time of the crash. This may give you the visual evidence you need as proof.
Subpoena cell phone records
If you are going to small claims court with the person or the auto insurance company of an individual who was responsible for an accident, you may be able to collect evidence in order to substantiate your claims. If you think that online gaming may have caused the accident, ask the court to subpoena the cell phone records of the person who caused the accident. Be sure to ask for the data, not just the calls, so that you can tell if the person was playing a game at the time of the crash.
Ask others behind them in the crash
When crashes happen on busy roads or on highways, there may be more than one car involved. It is also common for witnesses to a bad crash to pull over. Be sure to get any statements from witnesses to the crash, especially drivers who were beside or behind the person who caused the crash. They may be able to testify or provide a statement that the person was distracted by their phone and caused the crash if this is the case. An eyewitness to everything leading up to the crash is the perfect way to prove that a person was distracted by a phone at the time of the crash.
For more information, contact professionals like Loughlin Fitzgerald P C.