Approximately 6 million car accidents take place each year in the United States based on recent reports. By some accounts, distracted driving is a factor in an estimated 80 percent of those crashes. That can range from paying more attention to passengers than the road or playing with infotainment systems to eating and rummaging for items. At least 1.5 million of those annual accidents, though, are the result of texting or talking on the phone while driving.
Texting while driving is not only a prime example of negligence but also illegal in 49 states. More than 90 percent of drivers are aware of both the laws against using their phones while driving and the risks involved in doing so. Regardless, over 60 percent admit to doing it anyway. As a result, an ever-growing number of texting while driving injury claims are being filed. If you or a loved one has been in an accident in which another driver was paying more attention to their phone than the world around them, you can take action to ensure they’re held accountable for their negligence and get the compensation you’re entitled to.
Getting Help With Your Accident Claim
When you’re injured in an accident due to someone else’s negligence, it’s important to take the right steps after the fact. Your first priority should be seeking medical attention. You also need to gather evidence from the scene of the crash, such as pictures and videos, if possible. If you’re able, try to collect witnesses’ contact information as well. From there, consider contacting an attorney.
Proving That Someone Was Texting While Driving
Proving that someone was texting while driving isn’t easy. Working with an attorney can make it a bit simpler, though. Lawyers can gain access to information that the average person can’t. As such, they’re instrumental in proving the details surrounding car accidents. In the case of texting and driving, there are certain measures attorneys can take to strengthen your case and prove your claims.
Getting Phone Records
One of the most effective ways to prove someone was texting while driving is to get access to their phone records. These aren’t available to the general public as a matter of privacy and security, but an attorney can subpoena them. With those records in hand, your attorney will be able to cross-reference them to determine if the at-fault driver received or sent any messages around the time of the accident. This isn’t necessarily a surefire way to prove fault because several additional factors may be involved, but it can be helpful in many cases.
Video Footage
Another way to prove that texting while driving was the cause of your accident is to get video footage. Security cameras in the area may have captured the other driver on their phone at the time of the accident. Not all accidents happen in front of security cameras, but when they do, the footage they capture can go a long way toward proving victims’ claims.
Witness Statements
Finally, it’s possible that witnesses to the accident may have seen the other driver on their phone. That’s one of the reasons why it’s important to gather witnesses’ contact information immediately after a crash. Though the other driver’s attorney may be able to discount witnesses’ statements, or at least create reasonable doubt about their credibility, there’s also a chance that their input may help strengthen your case.
Seeking Justice for Distracted Driving Accidents
Texting while operating a vehicle is only one form of distracted driving, but it’s one of the leading causes of accidents these days. Proving that someone was using their phone while driving and that their negligence caused an accident isn’t easy, but it’s not impossible. Working with an attorney can make a major difference in the outcome of your case. A lawyer can greatly improve the chances of proving the other driver’s role in the accident and getting you the compensation you deserve for your injuries and losses.
