How Do You Prove That The At-Fault Driver Was Texting and Driving
Texting while driving is an immensely fatal combination. Attempting to multitask while driving has always been extremely risky driving behavior, but when mobile phones flooded the market and texting increased in popularity, the number of motor vehicle crashes caused by distracted driving also increased drastically.
Being involved in a distracted driving crash or any other motor vehicle accident is scary and overwhelming. You are probably wondering about the legal options available to you if the driver that struck you was texting during the crash. Because distracted driving is illegal and is considered negligence, this means that you have the right to pursue compensation from the at-fault driver.
But first, you will need to prove that the at-fault driver was negligent and texting while driving when the crash occurred.
Guidelines for Proving Texting and Driving
Here are several options to help you prove that the at-fault driver was texting and driving when they hit you:
- The driver’s admission – The at-fault driver admitted to you or the police that they were texting while driving. You or the police officer can verify the admission if the driver tries to deny it later.
- Surveillance camera footage – In most cases, drivers who text and drive get into crashes at intersections where security cameras may have been located. Footage of the events before the accident may show proof that the driver was texting and wasn’t entirely focused on driving.
- Witness statements – You, your passenger, pedestrians, or other motorists may have seen the driver texting when the crash occurred.
- The responding officer’s testimony – The at-fault driver may have been issued a ticket for distracted driving due to texting behind the wheel. Also, if the driver decides to challenge the ticket and loses, you can use this as evidence for your case.
- Cell phone records – Your Tampa car accident lawyer can subpoena the driver’s cell phone service provider for records related to text messages before or during the accident. If there’s proof that text messages were sent and received while the driver was driving, particularly if a message is cut short because of the crash, this would serve as crucial evidence to support your case.
- Accident reconstruction – Lawyers frequently work with accident reconstruction specialists who will evaluate the accident scene and gather evidence to recreate the crash. They can then determine what exactly caused the crash and which party should be held liable for the damages resulting from the accident. Given the circumstances of the crash, they may conclude that the driver was texting while driving and that doing so led to the crash.
Consult with an Experienced Tampa Car Accident Lawyer Now
Proving that the at-fault driver was texting and driving when they hit you can be very challenging but not impossible with legal guidance from our experienced Tampa car accident lawyer. To learn more about your case and how we can prove that the driver that left you injured was texting while driving, contact Matthews Injury Law. You can contact us online or call 813-530-1000 to arrange your free case review.