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4 tips for fighting distracted driving charges

Distracted driving results in crashes that leave people injured and dead. No one believes that distracted driving is safe, and there are laws to prevent people from driving with distractions. If you were in a car accident, you know that if you're accused of distracted driving, you could be found at fault and face a criminal charge.

Fortunately, you can defend yourself against the accusation that you were driving while distracted. You can show that you were not using your phone as suggested or that you didn't really look away from the road. Here are some tips on how to prove that you were obeying the law.

1. Show that you were not on your phone

It is usually a simple task to show that you did not send a text or had not been using your phone at the time of the collision. Since phones record each keystroke and indicate the times when you sent texts, took calls or accessed apps, it's easy for investigators to see when the last time you used your phone was. If it doesn't correlate to the time of the accident, then you can argue that you were not using your phone and shouldn't face charges for distracted driving.

2. Talk to witnesses and passengers

Having someone else's word on what happened makes a difference. If you have three passengers in your vehicle and all three state that you were paying attention to the road, then it's not likely that each one of them is lying. Normally, police interview each passenger separately after a crash to get their recollection of events. Witnesses who saw the accident may also state that they didn't see you looking away from the road or that they saw you try to avoid the collision.

3. Prove that the accident was the other driver's fault

This is not distinctly a defensive option against a distracted driving charge, but it does help prove that you were not the person who caused the accident to start with. For example, if you can show that a teenaged girl struck you because she was on Facebook at the time of the accident, then your claim that you saw her come into your lane makes more sense.

4. Show mechanical failures were to blame

Finally, consider showing that the reason you went out of your lane or couldn't stop in time to avoid the collision was a result of a problem with your vehicle. If your brakes go out, for example, it's nearly impossible to stop your vehicle. Or, if your accelerator was stuck, then you might show that you had trouble lowering your speed fast enough to avoid a wr eck.

These are just a few ways to defend yourself against charges for distracted driving. With the right help, you can make a solid defense against any claims the prosecution makes.

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