In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:
Q: How do I prove that a driver was distracted?
A: It’s difficult to prove that this driver was distracted. However, it can be done. For example, in many motor vehicle collisions, there might be a witness to the accident who may have been a driver next to the driver who caused the accident, who might have seen that driver shortly before the impact looking down, looking at a cell phone, reaching for the radio. It’s possible through eye-witness testimony to show that a driver was distracted.
Additionally, you can show a driver was distracted if you can prove that the driver was texting or on the cell phone at the time of the accident, and that can be proven through subpoena-ing records of the provider to see if the person was on the phone at the time of the collision.
Although not easy, it can be done and has been done successfully in many instances.
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.