How to Prove the Other Driver Was Texting While Driving During a Crash
Accidents occur for many reasons, but distracted driving constitutes one of the largest reasons. More than 4,000 deaths occur annually due to distracted driving, while about 1,000 injuries occur each day in the US, according to the National Highway Traffic Safety Administration (NHTSA). If you have been involved in an accident involving a distracted driver, you’ll need help getting the settlement you deserve. Here are some facts to help you know what to do and what steps to take.
Texting While Driving Kills
Many of those deaths and injuries occur because people text while driving. This distracts them from the road and leads to accidents.
In 2017, Texas banned texting while driving. According to the law, those found texting while driving are “willfully negligent” and assume legal responsibility for deaths, injuries, and damages that result.
Proving Texting While Driving
Sensible drivers do not text while driving. They also do not simply say “I was texting.” When they were.
It falls to you to provide proof that they were texting. You can help yourself do this by being vigilant at the scene. You may also obtain the assistance of an attorney or your insurance company. Some attorneys specialize in distracted driving.
You should do the following at the accident scene:
- tell authorities you think the other driver was texting,
- take photos at the scene, especially a photo of the other driver’s cell phone,
- check for any cameras that may have recorded the incident.
- speak to any witnesses and obtain their contact information.
The things you do at the scene enable your insurance company or lawyer to take action or do so more quickly. Your attorney or insurance company should do the following:
- obtain a subpoena for the other driver’s cell phone records,
- obtain a court order for the camera recordings.
Get Started on Your Case
In Texas, if you’re in an accident, contact distracted driving experts who can help you build your case and try to obtain a fair settlement.