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Accidents Involving Distracted Drivers


In the moments following an accident, you might wonder “what was that driver thinking?” or “how did they not see me?” Too often, the answer is that they weren’t thinking and they didn’t see you because they were on their phone or were otherwise distracted. If that is the case, you may be entitled to have the distracted driver compensate you for all of the losses you suffered as a result of your accident.

If you’re seeking compensation from a distracted driver or their insurance company, Litster Frost Injury Lawyers is here to help. Our firm is one of the largest personal injury teams in the state of Idaho and we are well equipped to fight insurance companies who don’t want to pay you the compensation you’re entitled to. For a free analysis of your case and what you might be able to recover, call our firm today at (208) 333-3330 to schedule an appointment.


What Are Idaho’s Distracted Driving Laws?

Texting and driving has been a primary traffic offense in Idaho since 2012. Talking on a phone is legal except for novice drivers, but drivers still have a duty to remain fully alert. Even if a certain violation doesn’t have a specific law against it, Idaho police can still use their judgment to cite distracted drivers with careless driving and other traffic offenses.

This is highlighted each April when the Boise Police Department holds its Distracted Driving Awareness month. Officers routinely pull over drivers who are distracted while eating, putting on makeup, or changing their music. Worse still, most of the traffic stops are conducted by officers in marked patrol cars which shows just how distracted the drivers were.


How Do Idaho’s Distracted Driving Laws Affect Your Case?

If the other driver is cited for distracted driving this can be a very positive factor for your case. Even though traffic citations don’t necessarily show who will be found at fault in the accident, a distracted driving citation signals that the cited driver wasn’t exercising reasonable care while driving which is a key element in building a case for  a negligence claim. Further, a police officer’s investigation and testimony is often more compelling to a jury than your own account of what happened because they are a neutral party with no interest in the case.

Even if a police officer didn’t issue a citation, you can still allege distracted driving in a personal injury claim. Often, officers may not feel comfortable writing a citation for something they didn’t personally witness or may feel bad writing a ticket to a driver who suffered thousands of dollars of damage to their own car. Your own testimony, dashcam video, or other witnesses can all help to prove distracted driving even if a citation wasn’t issued.


How Can You Prove Distracted Driving?

If a police officer wasn’t there to write a distracted driving ticket, you may be wondering how to prove a distracted driving claim when the other driver denies what you say or even tries to blame you for the accident. Even your passengers account can be questioned as being potentially biased because they know you. Other types of evidence can include the following:

  • Uninvolved drivers. Get license plate numbers, names, and phone numbers right away because they may not want to stick around for an hour or more waiting for an officer to take their statement
  • Dashcam video belonging to you or another driver
  • Surveillance video from a nearby business
  • Phone records showing that a driver was texting or otherwise using the phone right before the accident


How Do You Get Evidence That’s Not In Your Possession?

Even if potential evidence is in the hands of the other driver or someone else, you may still be able to obtain it. Once you’ve filed a lawsuit, your attorney may be able to request a subpoena or otherwise obtain evidence related to the accident from the other driver or a third party even if they don’t want to give it to you. It’s vital to begin this process as quickly as possible to ensure that any videos or records that you need are saved.


Call Us For Help

Our attorneys are ready to help you get the evidence you need to support your distracted driving claim and to help you fully recover for your injuries, lost wages, and other losses. We offer a free case evaluation so you can find out how much that might be, and we don’t take a fee unless you recover. To learn more or to schedule an appointment, contact us now by calling (208) 333-3330. Litster Frost Injury Lawyers, a Boise team, has legal assistance available anywhere in Idaho.