Prove that another driver texted during a car accident
Despite the existence of electronic records, proving that a culpable driver was texting at the time of the accident is not easy.
A police officer’s report can contain helpful information, although officers do not always know whether a driver was texting at the time of the accident (and drivers are not always willing to share this information, even when asked).
Obtaining cell phone records, including time and type of usage, often requires jumping through a hurdle or two, such as: B. Issuing a subpoena (a request for proof) or an arrest warrant.
Another challenge is the passage of time. Cell phone companies keep records, but not forever. The longer the accident has passed, the more the relevant records could be buried. If it’s been years, the data may no longer exist.
Barring hard evidence, the guilty driver can offer a number of excuses or justifications as to why he used a cell phone while driving.
Doing all of this alone is a challenge, especially when you’re recovering from serious injuries.
Can you sue if you were injured in a car accident caused by texting and distracted driving?
Any motor vehicle accident that was the fault of another person and was caused by their negligent actions (including distracted driving) may give rise to a lawsuit. You should never be held responsible for damages and medical bills caused by someone else’s reckless driving.
If someone decides to write and drive and injures you or a family member, it is their financial responsibility to make sure your medical bills, treatment, loss of income, and other damages are taken care of.
However, guilty drivers and their insurance companies often try to evade this responsibility, leaving the injured persons in financial and physical turmoil. If initial negotiations fail, court proceedings are usually the next step.
This is where a top notch law firm comes in. Hiring the right personal injury attorney can make all the difference in a distracted car accident.
Your lawyer will gather evidence, fight for your legal rights and do whatever it takes to get the compensation you need, if it were you injured in a texting and driving accident.
TIED TOGETHER: How do you recognize a distracted driver? (and what should you do if you get hit by one?)
