How to Prove if the Other Driver was Texting Before Hitting You

The reported that there are three types of distracted driving: visual, manual, and cognitive. Texting while driving encompasses all three types of distraction, which means it is extremely dangerous. In addition, the DMV reported that 26 percent of all automobile crashes in 2014 were caused by cell phones.

Those involved in a car accident may wonder how they can prove that the other driver was texting. The most important action that you should take is to contact a texting while driving accident attorney. A car accident attorney can help you gather evidence to prove your case. Although it is likely that the other driver will not admit to texting while driving, you have the legal right to request evidence that would prove he or she was in fact texting while driving.

How to Prove if the Other Driver was Texting Before Hitting You

Request the Negligent Driver’s Phone Records

If you need to prove whether or not the other driver was texting and driving, which resulted in causing the car accident, you will most likely need to get a subpoena. This may be difficult to accomplish on your own, but a car accident attorney is accustomed to obtaining subpoenas.

To obtain a subpoena for the negligent driver’s phone records, the first step is filing a claim. When you have a personal injury claim because of the accident, it is best to have a personal injury attorney that is also an experienced car accident attorney by your side from the beginning to the end of the process.

During discovery, your texting while driving accident attorney can investigate your claims and file a formal request for the negligent driver’s phone records. This will be requested from his or her insurance company. Although insurance companies can voluntarily submit the records to your car accident attorney, it is likely your attorney will have to obtain them through a subpoena. Once the records are obtained, your attorney will examine them to see if any texts or calls were made just prior to the accident.

Texting and Driving in Texas

In 2017, Texas banned texting and driving. However, there are still hundreds of drivers on the road who text while they drive. An estimated 30 percent of automobile accidents in Texas are caused by a negligent driver texting while driving.

While many people think texting and driving isn’t as dangerous as driving under the influence, the National Highway Traffic Safety Administration reported that texting and driving may be more hazardous than driving under the influence (with a BAC level of .08 percent).

How are Negligent Drivers Liable if They Were Texting and Driving?

In Texas, when an individual is purposefully acting in a manner that demonstrates negligence, such as texting and driving, they are liable.

When personal injuries that occurred due to texting and driving can be proven, the negligent driver is responsible for compensating the victim for damages. Damages may include:

  • Medical bills;
  • Pain and suffering;
  • Lost wages;
  • Physical impairment;
  • Emotional distress;
  • Property damages.

In most circumstances, the insurance company of the negligent driver will do everything in their power to put the blame on the injured victim. Insurance companies are for-profit, which means that they typically don’t have the victim’s best interest in mind.

Other Ways to Gather Evidence

After an accident, call the police immediately. When the police officer arrives at the scene, be sure to let him or her know that you believe the other individual was texting. When the police are able to confirm this, they can write a citation, which can be used in court.

You also need to seek medical care following the accident. Even if you don’t feel injured, it could take several days for symptoms of an injury to surface. In addition, be sure to keep all medical records to give to your texting while driving accident attorney.

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