When you are involved in an accident, the actions of the other driver might lead you to believe that they are under the influence of alcohol. However, drivers who are simply distracted can sometimes act as if they are drunk by having a slow reaction time and by having poor judgment.
How Distracted Driving Works
A distracted driver might be visually distracted, cognitively distracted, or manually distracted. A visually distracted driver was looking at a distraction such as an adorable dog being walked by a pedestrian. A cognitively distracted driver might be wrapped up in their thoughts or might be having a conversation with a loved one and is failing to notice your vehicle in front of them.
A cognitively distracted driver might be engaging in an activity they shouldn't while diving such as scratching an itch and taking their hands off the wheel. Regardless of the cause of distracted driving, the driver is at fault if they failed to remain focused on the act of driving.
How Drinking and Driving Differs
While a drunk driver might try to be alert, the fact that the driver has consumed alcohol can make it much more difficult for the driver to operate the vehicle effectively. Drinking and driving is explicitly against the law and is treated as a serious crime that might lead to the driver their license taken away.
How to Prove Drinking and Driving
Drinking and driving can be easier to prove because you can inform the police officer that the driver was under the influence of alcohol. After a sobriety test, the driver might be taken into custody. The fact that the driver was intoxicated can be used against them in a car accident case.
How to Prove Distracted Driving
Distracted driving is often much more difficult to prove because the driver will not admit that they were distracted in most cases. You will need to rely on evidence from the scene of the accident to prove the driver was distracted.
Fortunately, there might be evidence that is available to you such as witness testimony, surveillance footage, or cell phone records. When you are able to prove that the other driver was distracted, you may be able to prove that they were at fault for the accident. This can help in comparative negligence cases where the party that is considered the least at fault may still stand to win tens of thousands of dollars.
For more information on car accident lawyer, contact an attorney in Roseville, CA.
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