Distracted driving is one of the most common causes of serious crashes in the United States, but proving it is not always straightforward. A driver rarely admits they were looking at their phone or scrolling through music when they hit someone. That is why building a distracted driving case depends heavily on the evidence gathered after the collision.
What Counts as Distracted Driving
Distraction behind the wheel takes more than one form. Most people think of texting, but the legal definition is broader. Attorneys generally group driving distractions into three categories:
- Visual distractions such as looking at a phone, reading, or watching something outside the vehicle
- Manual distractions like eating, adjusting the radio, or reaching for an object
- Cognitive distractions where the driver’s mind is elsewhere, even if their hands are on the wheel
According to the National Highway Traffic Safety Administration, distracted driving claimed 3,308 lives in 2022 alone. When a crash happens in southern Colorado, a Pueblo car accident lawyer will look at all three types of distraction when investigating fault.
The Evidence That Actually Builds a Case
Physical evidence and witness testimony are the foundation of most distracted driving claims. What attorneys look for depends on the facts of each case, but certain types of evidence appear consistently.
Cell Phone Records
This is often the most direct evidence available. Through formal legal requests, attorneys can obtain a driver’s phone records, which show the exact timestamps of calls, texts, and app activity. If a driver was sending a message seconds before impact, that data tells the story.
Traffic and Surveillance Camera Footage
Cameras at intersections, parking lots, and nearby businesses sometimes capture the moments leading up to a crash. This footage can show a driver’s eyes off the road or hands occupied with something other than the wheel.
Witness Statements
Bystanders, passengers, or drivers in nearby vehicles may have seen the at-fault driver on their phone or behaving erratically before the collision. These accounts carry real weight in negotiations and at trial.
Event Data Recorders
Many modern vehicles store data in what is sometimes called a “black box.” This recorder captures speed, braking, and steering inputs before a crash. Combined with phone records, this data can paint a detailed picture of driver behavior in the final seconds before impact.
Social Media Activity
Posts, stories, and location check-ins tied to the time of the crash can show that a driver was actively using their phone. Courts have accepted this type of evidence in personal injury cases.
Why Timing Matters in Colorado
Colorado personal injury claims are subject to a two-year statute of limitations. Once that window closes, the right to file a lawsuit is gone. Phone records and surveillance footage are not preserved indefinitely. Acting quickly after a crash gives an attorney the best opportunity to obtain and preserve the evidence needed to prove distraction.
Ganderton Law Personal Injury Law Firm has helped car accident victims across Colorado pursue fair compensation when a distracted driver caused serious harm. The firm takes a methodical approach to evidence gathering, working to build a case that holds negligent drivers accountable.
What You Should Do After a Crash
If you believe distraction played a role in your accident, speaking with a Pueblo car accident lawyer is a strong first step. An attorney can help identify what evidence exists, what legal options are available, and how Colorado’s fault laws apply to your situation. Reach out to the team at Ganderton Law to discuss your case.