Are You Able to Prove the Other Driver Was Texting During the Car Accident?

Texting During a Car Accident

Texting is everywhere these days. Even grandparents text. Ever since the early 2000’s, the popularity of texting has skyrocketed. Many studies now show that drivers who text are 20 times more likely to be involved in a car accident as opposed to being intoxicated. California, along with several other states, outlawed texting while driving in 2009.

Despite being illegal, we see people doing it right day. If you look at cars stopped at a stoplight, it’s almost a guarantee that one of the people will be using their phone.  But even a small glance from the road is enough to cause an accident. For example, if you’re traveling 15 MPH and look away from the road for 3 seconds, you actually cover 66 feet. That’s scary to think about at higher speeds.

Texting is just one form of distracted driving that causes many car accidents. But if the driver doesn’t admit it, it can be hard to prove. If you’re in an accident with a drunk driver, a breathalyzer or blood test can be done to prove their intoxication. Unfortunately, texting doesn’t necessarily have a similar test that can be done immediately.

If there weren’t any witnesses, police officers, or the at-fault driver doesn’t admit it, hiring a car accident lawyer may be your next best step. This is because the best San Diego car accident attorneys know the ins and outs of how to prove liability.

Getting the Cell Phone Records of the Other Driver

If the driver is willing to turn their cell phone records over before the filing of a lawsuit that is best case scenario. However, nothing under the law compels them to unless a lawsuit is filed. Once a lawsuit is filed, your car accident lawyer can serve discovery and subpoenas requesting records. This may provide records demonstrating time stamps of calls and text messages. Typically, you’re unable to get the message of the text itself.

To strengthen and prove your car accident claim, you’ll want to have as much evidence as possible. This means getting witness statements and their contact information, a police report, and if you believe the other driver was using their phone, getting phone records.

If the insurance company doesn’t want to play ball and settle your claim before a lawsuit, getting the phone records can aid in proving liability. This would be one piece to help demonstrate that the other driver was distracted and took their eyes away from the road.

We recommend trying to get witness statements if possible. We understand that this may prove difficult due to the shock and extent of your injuries. Getting a video or recording of a witness and their contact information can really strengthen your claim.

Unfortunately, texting while driving has become a huge problem in the last 15-20 years. With apps, access to the internet, and more, there are many distractions on the phone. Although it may be difficult to prove, car accident lawyers have tools at their disposal to help prove if someone was texting while driving.

San Diego Car Accident Lawyer

My name is Daniel Hanecak and I am a San Diego Car Accident Lawyer. I know from personal experience how stressful and time consuming a car accident can be. When you call Hanecak Law Inc., you will speak with me directly. It is my aim to provide you with free and friendly advice. Call me today at (858) 206-4DAN for a free case evaluation.

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