How Do You Prove That The At-Fault Driver Was Texting and Driving?
Texting and driving, also commonly known as distracted driving, is one of the leading causes of motor vehicle accidents in the U.S. According to the NHTSA, distracted driving claimed the lives of 3,142 people in 2020.
Unfortunately, in an accident involving a distracted driver who was texting while driving, it can be extremely challenging to prove that the driver was indeed texting and driving when the crash occurred. The at-fault driver will surely deny your claim, so it will be up to you to prove that the driver was, in fact, driving and texting.
It’s also crucial to note that while texting or using the phone while driving are the most common driver distractions, drinking, eating, grooming, adjusting the radio, speaking with passengers, and even dealing with children or pets inside the car are likewise considered distractions that could result in car crashes.
Police Reports and Statements
The police thoroughly investigate accident scenes and gather evidence to figure out what and who could have caused the crash. The responding officers will also obtain statements from all the drivers, passengers, and eyewitnesses involved. The testimony, observations, and report of the police can provide crucial details that can help confirm the at-fault driver was texting while driving or engaging in unsafe driving behaviors at the time of the crash.
Assessing The Accident Scene
Photos and video footage from surveillance cameras, dash cams, and traffic cameras can help paint a picture of the events that occurred before, during, and after the crash. Damage to the vehicles and surrounding property, as well as skid marks on the road, can also help determine fault for the accident.
An experienced Suwanee car accident lawyer can also employ accident reconstruction professionals to examine the accident scene. The findings and testimony of these professionals will provide solid evidence to support your claim.
If a pedestrian, passenger, bystander, or another motorist saw that the at-fault driver was texting while driving during the crash, their statements can support your claim.
Cellphone Records and Data
These are among the most valuable pieces of evidence that you can have when trying to prove that the driver that hit you was texting while driving. Your attorney can subpoena the at-fault driver’s cellphone records and data to establish whether they were texting, talking on the phone, or checking their email or social media accounts while driving.
Consult with an Experienced Suwanee Car Accident Lawyer Now
Proving that a negligent driver was texting and driving, and those actions caused an accident can be difficult to prove on your own. If you or a loved one suffered injuries in a car accident because of a distracted driver, please reach out to Banks, Stubs & McFarland today to discuss your situation.
Our experienced Suwanee car accident lawyer will handle the crash investigation, negotiate with the at-fault party, and represent you in court if necessary to secure maximum compensation for your losses. You can set up your case consultation online or by calling our office at 770-945-2320.