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Proving cellphone use to show a Georgian negligent driver


Car accidents happen for a wide variety of reasons, but there is one reason that is getting more attention nowadays than ever before: distracted driving. And, probably the most common reason people can get distracted behind the wheel comes down to one modern convenience -- the cellphone.

State and federal government entities track the statistics regarding how many car accidents throughout the country are in some way connected to a driver's use of a cellphone behind the wheel. Without a doubt, distracted drivers are the cause of thousands of accident each year. However, the problem that many of the victims who are injured in these accidents may encounter is actually proving that the negligent driver was in fact engaged in cellphone use at the time of the car accident.

One of the most common ways to prove that a driver was using a cellphone at the time of the crash is, of course, eye witnesses. The injured victims themselves may have noticed that the person was on the phone at the time of the crash, or other drivers may have seen the behavior and reported it in the aftermath of the accident. Obviously, the more people who witnessed the cellphone use, the better.

But, probably the most crucial form of evidence to prove cellphone use during an accident is the police report that is compiled after the accident investigation. Many forms used by police departments these days have a special section in which the investigating officer can record any suspicions as to whether or not a driver was using an electronic device at the time of the crash.

Source: FindLaw.com, "Distracted Driving," accessed on Dec. 4, 2015

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