Proving someone was texting or using a cell phone while driving is not easy, so it’s essential to contact the police right away, and hire an experienced car accident attorney. Using cell phones while driving has become an epidemic in causing car accidents. An experienced car accident attorney can help start investigating the details of your case. They will work hard for you, but also understand how difficult this time of your life can be. A texting or cell phone driving case needs special attention to detail, and with experience in these types of car accident cases, we know exactly how to help you and your family recover from your tragic losses.
Get Evidence at the Accident Scene
Right after an accident with a distracted driver, if you are able, take photos of the area, or anything you think may have caused a distraction. Sometimes a driver may spill a drink, or was in the process of applying makeup. A cell phone open on the seat next to them may have been a cause as well. Whatever evidence can be gathered make sure you document it, if you are able. Taking pictures or video is a great way to document the scene, and if there are eye witness accounts you should get their statements.
Let the police officer on the scene know what happened, and that you suspect the driver was distracted because they were texting on their cell phone. They will be able to investigate and add this to their report if it is applicable.
Important Evidence: Proving Your Case Against a Texting Driver
Cell phone records can prove the at-fault driver was using their phone at the time of the crash. Phone records are powerful evidence of negligence.
Unfortunately the phone company won’t voluntarily release another person’s cell phone records, and the at-fault driver is unlikely to hand over incriminating evidence to support your claim. You’ll need legal tools to get your hands on the other driver’s phone records.
Discovery may be necessary to identify who owned the phone, and who pays the phone bills. The age group with the largest number of cell phone accidents are teens and adults under thirty. Teens and college-age students are likely using a parent’s cell phone plan. Then, a subpoena will be required to force the release of records.
What are Considered Car Accidents from Texting?
Anything that takes your attention from driving is a distraction. The National Highway Traffic Safety Administration (NHTSA) says “Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” Those 5 seconds might mean your family has been put in harm’s way by an irresponsible driver. The damage that they can cause from an accident can be devastating and life altering.
What Should You Do If You are Hit by a Driver who was Texting?
First, you need to make sure that you or your passengers are not injured. Call 911 for police and an ambulance. If you are then you need to seek medical attention immediately. If you are able to gather evidence and speak with police you should do so, but you should also seek out medical attention and an experienced car accident attorney can assist you in finding the proper medical professional.
Once the police arrive, they will have questions about your accident. Tell the officer why you think the other driver was distracted. Be honest. It is okay to say you don’t know something! It is much better to go back and give more information later than to give incorrect information to start with.
Start a notebook. Write down dates, events, and anything that happens to you. You will thank yourself later!
Contact a car accident attorney as soon as you can. An experienced car accident attorney will want to start working on your case immediately. If your insurance company calls you, please do not give them a statement until you have spoken to an attorney. The insurance company is not there to help, they are there to minimize your claim.
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