How Digital Forensics Is Used to Prove Distracted Driving
Distracted driving has been added by the National Safety Council as another leading cause of death in the United States, and in 2019, it was cited as the cause of 8.5 percent of traffic fatalities. This form of negligence does not only affect the driver but can cause problems for a wide range of people, including passengers, other drivers, pedestrians and bicyclists. Using a mobile device while driving is especially risky for those employees who drive leased or company-owned cars because it leaves the employer open to liability in an accident. In order to file a lawsuit against a distracted driver, evidence that their focus was not on the road is needed. Let’s look at how digital forensics can prove a person was driving distracted.
Investigation of an Accident Involving Texting
A cell phone usage accident can involve a lot more than talking or texting. The driver might be surfing the internet, taking photos, playing Angry Birds, or another game or checking out a location on a map, not realizing these are dangers. This is why it is important to have an experienced personal injury lawyer on your side to help you obtain the compensation you deserve. Cell phone usage that leads to an injury accident is where digital forensics comes into play. An experienced Sacramento distracted driving attorney can have phone records subpoenaed and use digital forensics to prove a client’s case, which would include collecting the following information:
- Outbound and inbound phone numbers
- Text messages and outbound short message service records
- Time and usage for texting and calls
- Connection time and date
- Phone number where the call originated
- GPS location and identification number of the tower where the call originated
- Type of data
By connecting the time and date of the accident with cell phone calls, texts or other usages by the at-fault driver, it can be shown that distracted driving was a factor in the collision.
Hands-Free Devices Required in California
All handheld cellphones have been banned for drivers in California since 2009, according to the Department of Motor Vehicles. In addition, young drivers under the age of 18 are not even allowed to use the hands-free versions. While some drivers believe that using a hands-free phone makes them safe, it doesn’t. It has been shown that up to half of the surrounding view through a windshield can be missed by the driver if they are talking on a phone. There are a few exceptions under California law. A cell phone may be used while driving if:
- It’s an emergency call to 911 or a medical provider
- The vehicle is operated on private property
- The driver is operating an emergency vehicle
How Using a Cell Phone Causes Distracted Driving
Three types of distractions exist that can cause a driver to become involved in a traffic collision.
- Major distractions happen when a driver takes their eyes off the roadway and is referred to as a visual distraction. They may include looking while reaching for a cell phone, admiring the scenery, or even watching a video while driving.
- Manual distractions involve the driver taking a hand off the steering wheel. This happens when reaching for a phone, eating or drinking something while driving or adjusting a radio station.
- Cognitive distractions happen when a driver’s mental focus is taken off driving. Examples of cognitive distractions include daydreaming, thinking about money problems or work, or concentrating on a phone call.
Using a cell phone while driving incorporates all three types of distraction, according to the American Automobile Association, greatly increasing the risk of a traffic collision. The driver is looking elsewhere, removes one hand from the steering wheel, and is concentrating on something other than the roadway. This increases the risk of an accident four times higher than normal. When you’ve been injured in an accident caused by someone using a cell phone at the time of the crash, an injury lawyer can provide the insight and legal acumen you need.
Sacramento Distracted Driving Lawyer
I’m Ed Smith, a Sacramento distracted driving lawyer. Distracted driving is dangerous and injures many people every year. When a distracted driver causes your injuries, you may wish to place a claim for fair compensation to pay your expenses that arose from the crash. Give me a call at (916) 921-6400. If you are a Northern Californian calling long-distance, I can be reached at (800) 404-5400 for my free and friendly advice. There is also an online message form available.
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Since 1982, I’ve worked hard to obtain fair compensation for Sacramento residents for their accident injuries. This includes areas such as wrongful deaths, traffic collisions, and traumas like brain injuries.
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