Can I Prove That the Other Driver Was Texting and Driving Prior to My Accident?
Do you believe that your car accident was a result of another driver texting and driving? Proving this can be difficult, but an attorney may be able to help.
Most states have laws against texting and driving, and as of September 1st, 2017, Texas will officially join that list. Drivers in Texas who choose to text while driving not only risk criminal charges if caught, they risk enhanced criminal charges if their distracted driving causes an accident resulting in serious bodily injury or death.
When it comes to civil claims (i.e., a lawsuit filed by the victim of an accident), showing evidence that the other driver was texting and driving is not required in order to prove negligence, but such evidence could be helpful when/if arguing for punitive damages. Unfortunately, the evidence you may need to prove the other driver was texting and driving is not always easy to obtain.
If you were injured in the accident, speak with your personal injury attorney about the possibility of subpoenaing the other driver’s phone logs. While in some cases you may be able to rely on witness testimony alone, having irrefutable evidence is much more reliable.
Types of Evidence
Plaintiffs (victims) who pursue a personal injury claim have several methods in which they can attempt to prove a driver was texting while driving immediately prior to the accident:
- Cell Phone Records
- Witnesses
- Testimony of the Police Officer
Additionally, many local businesses have video surveillance cameras which may have captured the other driver’s actions prior to the accident. Speak to the business owner and ask whether or not they would be willing to provide you with a copy of the footage. They’re under no legal obligation to provide this to you, so if they refuse, discuss the topic with your attorney.
It’s important to speak to any and all witnesses to your accident. Ask for their names and phone numbers, and/or see if they are willing to give their testimony to the responding officer. Some witnesses may have a dashcam installed in their vehicle. If so, this may be your best chance at obtaining compelling video evidence.
Category: In Depth
