A distracted driving lawyers may have to obtain phone records, social media logs, or other records that prove the driver’s attention was diverted when he crashed into you. Sometimes we have to file a lawsuit in order to obtain those records, but sometimes the other party will admit to the distraction without the need to file suit.
If you have been injured by a distracted driver you should make notes of how the driver was distracted, keep records of any admissions made by the driver at the scene, note any handheld devices you see the driver holding at the scene, and ask witnesses whether they saw what the driver was doing right before the crash. If you or a witness saw the distracted driver with a handheld device, or saw him otherwise distracted, make sure you and the witness tell the police before you leave the scene. The more information the officer has from the scene, the more accurate his report will likely be.
Third Party Liability in Distracted Driving cases
Not only is the distracted driver liable for the injuries he caused you, but his boss might be as well.
If a company requires their drivers to interact with their phones or devices they may have liability if their driver is distracted and causes an accident. Generally speaking, an employer is responsible for the negligent actions of his employee while the employee is performing tasks on behalf of the employer. So if your boss sends you to the store to pick up supplies, and you get into an accident on the way, your boss might be liable to someone you hurt if you’re involved in an accident on the way.
This type of lawsuit is fairly common, and most often seen in truck accident cases (https://x-cops.ca/mississauga/). If a trucker negligently crashes into someone while driving for his company, then the company is generally held responsible. While we handle cases like these every day, each one is different, and require a different set of evidence to prove in court. But, the underlying legal theories are generally the same.