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.

Philadelphia: Car Accidents, Statistics and All You Need to Know

Philadelphia has one of the lowest rates of vehicle ownership among all cities in the United States. According to Census Bureau statistics and Governing analysis, Philadelphia was the 14th most car-free city in the nation in 2013, with 0.968 cars per household. It does not imply that Philadelphia’s streets are empty or that driving in our city is safer than others.

Here, the Philadelphia personal injury lawyers offer you comprehensive information on Philadelphia automobile accidents because driving is still dangerous and may end in a vehicle accident that leaves you or someone you care about seriously injured.

Car accidents may occur at junctions, on highways, and in other places. A motorist may get distracted by their phone and collide with another vehicle. When two drivers are not paying attention and collide, a car accident occurs. Other times, drivers get so angry that they cause an accident or engage in a violent fight.

Speeding cars, bad weather, strong winds, and even missing traffic signals may all contribute to car accidents. It is recommended that drivers slow down while getting on the road, utilise their turn signals, and maintain their eyes on the road, and set mobile phones to Do Not Disturb mode, and maintain both hands on the steering wheel when conversing with passengers. Accidents may also occur when drivers are sleepy or unable to focus on the road. As a result, vehicles may need to pull over or remain at home. Drivers who have been working all day or who drive after dark must use extra caution.

Statistics of Car Accidents in Philadelphia:

According to the Pennsylvania Department of Transportation, in 2014 alone, there were 10,627 automobile accidents in Philadelphia County. 7,788 of these resulted in someone being injured. 89 of these incidents resulted in at least one death, for a total of 97 fatalities. 38 of those killed in vehicle accidents were pedestrians, demonstrating how hazardous walking on city streets can be. In 2014, 18 of the total number of deaths in Philadelphia County were caused by alcohol-related accidents.

When City Data compares these figures to the rest of Pennsylvania’s fatal accident data, it discovers that Philadelphia’s totals are lower than the state average. In 2014, there were 6.2 fatal automobile accidents per 100,000 inhabitants in Philadelphia. It was lower than the state average of 8.4 persons per 100,000. However, this lower percentage does not necessarily imply that driving in Philadelphia is safer than driving everywhere else in the state. Instead, the lower statistics are most likely because more miles are driven at slower speeds in Philadelphia than everywhere else in the state. Accidents at these lower speeds are much less likely to result in death; thus, these percentages remain low.

Philadelphia Car Insurance:

The city’s low vehicle population indicates that getting into a car accident in Philadelphia may be more expensive and hazardous than elsewhere.

The fact that so many people live in abject poverty inside the city boundaries is the primary cause of the city’s lack of automobiles. Deep poverty is defined as half of the federal poverty line, which means that a family of three would be in deep poverty if their total income were $10,000 or less. 12.2% of Philadelphians — almost 185,000 individuals – are impoverished. It places Philadelphia at the top of the list of the country’s ten most populated cities in terms of severe poverty. This figure is almost double the national average of 6.3%. With so many people living in abject poverty, the number of vehicles possessed inside the city boundaries is limited to a minimum.

Those who live in or near poverty and own a car, on the other hand, are likely to be uninsured. Given how much insurance costs in Philadelphia, it is particularly probable – almost treble what it costs in other parts of Pennsylvania.

When you get into a vehicle accident with someone who doesn’t have auto insurance, the intricacy of the accident skyrockets; if they caused the accident and are held responsible for your property damage and injuries, you may be out of luck — without insurance. Usually, without the resources to pay your costs out of pocket, there may not be enough money to go around. Even if you have uninsured motorist coverage on your vehicle insurance policy, it may not cover all of your medical costs and other expenditures.

Attorneys for Car Accidents in Philadelphia:

When you are injured in a vehicle accident, your priority should be your well-being and receiving the necessary medical treatment. Then you question what occurred and who is to blame. If you were injured in a vehicle accident in Pennsylvania, you might have a legal right to seek damages from the at-fault driver. Pennsylvania automobile accident laws will govern your case.

In most cases, personal injury legislation is dependent on carelessness. The legal doctrine of negligence is described as “a failure to conduct with the degree of care that anyone of average foresight would have taken under the same circumstances.” It may consist of acts, but it may also comprise of omissions in certain situations. 

The automobile insurance legislation in Pennsylvania is more complicated than other state statutes. Pennsylvania has implemented a one-of-a-kind “no-fault” system for auto accidents claims. When purchasing insurance, a person must select between two kinds of insurance coverage.

There are two kinds of torts: full tort and limited tort (no-fault). In most instances, if a person gets in an accident under the no-fault option, they will not be allowed to file a lawsuit to seek compensation. Instead, even if they were not at fault, they will claim with their own insurance company.

What if you pursue a personal injury case to collect compensation for injuries sustained in a vehicle accident, but you are partly to blame? In such a scenario, Pennsylvania’s comparative fault rules may come into play. These rules govern how much you may recover in an accident that you contributed to or even if you can recover anything at all. The state of Pennsylvania follows a modified regulation. This legislation enables you to collect compensation if your fault is not higher than the other driver’s.

A big monetary judgment for your losses will not return your dear ones or the existence you had before sustaining a serious injury. However, it can assist you in dealing with the financial repercussions of your injury and provide you with the best potential future. Every state has a time restriction for bringing a lawsuit.

These time limitations are rigorously enforced; therefore, following this regulation is essential because if you do not submit your lawsuit before the time limit expires, you will most likely lose your right to make a lawsuit for the accident. Therefore, you should seek the advice of an expert lawyer or consult a law firm as early as possible. Click here for a free consultation with Philadelphia personal injury lawyers.