Determining Liability After An Argument Causes A Motorist To Crash Their Car
Unfortunately, some fights break out at the worst possible moment, such as when a driver and a passenger argue while the vehicle is in motion. The passenger might distract the driver by making noise, shouting, or even throwing objects at them to make them lose focus on the road. If the motorist strikes your vehicle, you might be caught off guard and not know what to do.
What to Do After a Car Accident
After the car accident:
- Check for injuries
- If you are injured, call for medical assistance immediately
- Contact the police as well so they can arrive at the accident scene and conduct an investigation
Through their analysis, they might determine that the driver was distracted. For example, they might speak with the motorist and cause them to admit that they were distracted while driving.
How to Determine if the Driver Was Distracted
If you suspect that an accident was caused by distracted driving, there are several steps you can take to determine whether this is true. First, gather as much information about the incident as possible, including details about the location and time of the crash and any eyewitness accounts. A witness might have noticed that the driver was distracted and will be able to testify on your behalf. Other motorists might have also reported that the driver appeared to be preoccupied.
Depending on where the accident occurred, it's more likely that the driver was distracted. For example, they might have been distracted if they struck your vehicle on a quiet residential street.
How to Determine Who Is at Fault
When the passenger distracts the driver, both the passenger and the driver could be at fault. The driver is responsible for operating the vehicle safely and should have pulled over. The passenger is responsible for not distracting the driver.
Proving that the other driver was distracted is essential because you can prove that the driver was at fault for the accident. Then, you'll have an easier time negotiating a settlement with the at-fault driver or their insurance provider.
Get Help from a Legal Professional
If you are having difficulty proving that the other driver was distracted, speak with an auto accident attorney for help. They might have additional methods, such as recruiting an accident reconstructionist to help prove that the motorist was distracted. Then, you'll have an easier time proving liability and will be more likely to receive compensation for your injuries.
For more info, contact a local auto accident attorney.