How to Prove the Other Driver Was Texting and Driving
Accidents involving inattentive driving are all too common. Thousands of people suffer life-threatening injuries, property loss, and wasted time due to the recklessness of others. Texting accounts for nearly a quarter of all negligent driving accidents in the US.
Nearly 80% of all car accidents in the United States today are caused by distracted driving, including talking on a cell phone. Distracted driving is most often caused by cell phones. According to the National Safety Council, 800,000 people in the United States are distracted while driving because they are using their phones.
Drivers distracted while driving are more likely to be involved in traffic collisions. Twenty years ago, texting and driving was a very uncommon occurrence. Now it is one of the major causes of death for teens and young adults. There are a record number of young deaths resulting from distracted driving, and this is a tragedy that could have been avoided.
Impaired driving incidents seldom result in death, but many do result in serious injuries. Several techniques to prove a driver was texting or inattentive at the time of the accident may surprise you. Distracted driving is a topic that law enforcement, legal firms, and courts have “come up to speed” on.
There are various methods to prove that a driver was inattentive when they hit you, and our Philadelphia car accident lawyers explain them in the section below. Accident victims often use this type of evidence to enhance their claims, even if it isn’t always possible to establish conclusively.
Distracted Driving Can Take Many Forms:
Distracted driving refers to a variety of behaviors, not just using a cell phone while driving. When compared to other distractions, texting while driving is one of the most common and dangerous. Distracted driving can take various forms, all of which are harmful. Examples of common examples are as follows:
- The act of consuming something
- Looking in the mirror to see how one looks
- Reaching for things on the console or in other seats
- talking to other passengers, especially children
- Changing the radio station or GPS settings
- looking for information in books or other sources
- Using cosmetics such as eye shadow, lipstick, eye drops, and contact lenses.
- Rubbernecking
- Daydreaming
How to Prove the Driver was Negligent:
The following tactics are commonly used to prove that someone was texting while driving:
The Information Stored on Cell Phones:
To prove that another driver was texting while driving at the time of the accident, you can petition to use mobile phone records in your case. You’ll need the assistance of an expert attorney if you want to get a careless driver’s cell phone records. Car accident attorneys know the process to have access to mobile phone records that the average person does not.
Trail of the “Electronics”:
In today’s society, a single cell phone contains a plethora of modern technology. Distractions such as instant messaging, email, online browsing, and social media activities will not appear in standard cell phone records. However, in general, these items leave a digital footprint. There’s a chance you may trace the source of your distraction back to the moment of your mishap. In certain cases, hiring experts who can help locate technological evidence of distracted driving may be helpful; in others, subpoenaing data records may suffice.
Eyewitnesses:
Bystanders, other drivers, and pedestrians are examples of potential witnesses. Witnesses should come forward as soon as possible. To testify regarding the texting while driving activities they observed, your witnesses may need to be subpoenaed in some situations.
Officer’s Statement in the Case:
The more detailed the police report states that the other driver is at fault and careless, the more chance you have of proving impaired driving in court. The police reports must be filed as soon as possible after the incident and include specifics about the accident’s circumstances. In some cases, having a police officer testify in your favor can help you win your case.
Feed/Video Footage from the Security Cameras:
A police dash camera, a cell phone, or an intersection security camera may have captured video of the auto accident, depending on where it happened. It’s possible that other motorists captured it inadvertently. If you hire a lawyer, he can get all of these videos and use them as proof of negligence. They can ask the owners of the cameras to provide us with any footage they have to determine if it has the proof needed.
Reconstruction of an Accident:
The work of an accident reconstruction expert might help determine what happened when the vehicle hit the ground. After careful investigation and reconstruction, they’ll be able to show that the accident was caused solely by a negligent motorist. Distracted driving is a serious offense that a professional should only handle, which is why you should speak with a skilled distracted driving attorney about your specific case.
Texting and Driving: Who’s Liable?
All motorists have a legal obligation to drive reasonably to avoid causing harm to others. Texting while driving, for example, is considered negligent when someone does it on purpose with the knowledge that it is risky. The careless driver (or, more precisely, their insurance company) is legally responsible for compensating the victim for all losses or expenses associated with their acts if it can be demonstrated that your injuries and damages were caused directly by them.
Most of the time, the insurance company will do all in its power to avoid guilt or place some of the blame on you. But even if you have compelling proof, they will not be compelled to settle fairly or negotiate with you unless they are certain that your lawyer is prepared to take them to court.
Unfortunately, it would help if you bore the burden of proof, which is why having a lawyer on your side is so important. Don’t hesitate to contact our law firm for more information about your legal matter and how our law company may assist you.
How Can a Car Accident Lawyer be Helpful?
If you have been injured in an accident caused by a negligent motorist, you must contact an attorney right away. You’ll need legal counsel from the beginning. If you don’t have to go backward, the process goes considerably more quickly and smoothly for you.
Because every case is unique, you should consult with an experienced car accident lawyer. There is no guarantee that you will be compensated because you have been wounded. You must show that the defendant was careless. When it comes to proving negligence, an experienced lawyer will be far more efficient and successful than you could be.
The attorneys who specialize in careless driving cases are well-versed in the procedures for filing a claim with the insurance companies involved and, if necessary, bringing a lawsuit against those businesses. Regardless of how hard the insurance companies battle, you will be able to collect the full amount of compensation to which you are due if you have a lawyer on your side fighting for your legal rights.
Consult with a lawyer to avoid adding legal stress to your plate while coping with car accident injuries, vehicle damage, medical bills, and maybe the loss of a loved one. Contact Philadelphia Injury Lawyers for a free consultation.
