Is It Difficult To Prove The Other Driver Was Texting And Driving Before The Crash?
There is perhaps nothing more infuriating after getting into a car crash in the state of Texas than to know that the crash wouldn’t have occurred, had the other driver been paying better attention. Whether the other driver was texting and driving, looking down at the radio, or talking to someone in the back seat, distracted driving leads to innumerable accidents that could have otherwise been avoided.
Types of Distracted Driving
Nowadays, texting and driving gets all the glory – so to speak – when it comes to distracted driving, but there are, in fact, many behaviors engaged in behind the wheel that qualify. Distracted driving can include, but is not limited to:
- Eating or drinking
- Driving with a pet that is not properly secured
- Putting on make-up
- Turning around to talk to someone or handle something in the backseat
If the other driver was engaged in any of the above activities, you can file a claim against him or her citing distracted driving.
Proving Texting While Driving
After the crash, the other driver gets out of the car. He has a cell phone in his hand. You are 95 percent sure that he was either texting or talking on the phone without a headset, but how can you know for sure? Of course, it would be great if he admitted to it, but how many people are going to do that?
The good news is that, as part of your insurance claim, you can actually subpoena the other driver’s phone records during the date and time of the accident. The records will show if he was on the phone, along with any messages he might have sent during that window of time.
Another good idea is, immediately following the accident, look around to see if there are any cameras in the area that might have recorded the incident. You may be able, with the help of an attorney and/or court order, to review those tapes to see if the driver’s activities right before the crash were caught on video.
If you’re not sure of how to send someone a subpoena, or the right way to draft one, you may want to consider hiring a Dallas car accident lawyer to handle it for you. A qualified attorney has created perhaps hundreds of subpoenas over the course of his or her career. Plus, companies are more likely to comply with a subpoena sent with a law firm’s letterhead than they are a subpoena drafted by a layman who may be more easily intimidated or ignored.
Damages for Texting While Driving
If it can be proven that the other driver intentionally engaged in an act that can be considered distracted driving, then this is considered negligence on the other driver’s part. If your injuries, if any, and the damages to your vehicle can be shown to be a direct result of that negligence, then other driver and his or her insurance company become legally responsible for compensating you for your suffering.
Individuals who are passengers in a car where the driver was texting and driving can also file a lawsuit for damages. Sure, the driver may be a friend of yours or even a family member, but if you suffer an injury as the result of their negligence, then you shouldn’t have to suffer and/or pay out of pocket for something that wasn’t even your fault.
However, just because this may be what you’re entitled to doesn’t mean you’re going to get it, especially if you try to go at this alone. Most insurance companies will delay, delay, delay, hoping you’ll abandon your claim or settle for less after the litigation fatigue sets in. You need an experienced Dallas car accident lawyer by your side to make sure you don’t receive less compensation than you deserve.
Texting While Driving In The State Of Texas
In the state of Texas, the act of texting while driving is considered a form of distracted driving, and it is illegal. If you’ve been involved in an accident where the other driver was texting and driving, you want to ensure that you can prove this so that the other driver will be held responsible for their actions.
Distracted driving, however, is not an easy thing to prove. You may want to consider hiring a Dallas car accident lawyer to help you handle your case. Having a lawyer by your side may help you get the respect you deserve and the answers you need. To speak with one of the qualified lawyers on our team, fill out our contact form, or call us at 214-305-8277 to get started.
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Frequently Asked Questions
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