Motorists who share the road have a legal responsibility to drive safely and look out for other vehicles and pedestrians on the road. Engaging in an activity such as texting while driving can prove dangerous and may contribute to an accident.
In the past, the courts have ruled that car crash resulting from texting while driving is a case of negligent driving. If you have been a victim of an accident where the driving was using their cell phone while driving, understanding your legal rights is crucial to ensure you receive fair compensation for your injuries. The knowledgeable car accident attorneys at Reyes Browne Reilley in Dallas, TX have provided crucial information on obtaining phone records to further strengthen your auto accident case.
Car Accidents Involving Texting While Driving
Studies show that 80% of car accidents in the US are caused by driver distraction due to cell phone use. In order to prove that the driver was texting while driving, you will have to provide evidence. If you are involved in a motor vehicle accident, it is important to contact the emergency responders immediately. If you believe that the driver was texting while driving, tell the police accordingly. In addition, collect photographic evidence of the scene of the accident and record any road signs or traffic signals that the driver may have missed as they were distracted.
The driver’s phone records can act as strong evidence in proving driver negligence and receiving your claim compensation. Not only do these phone records provide the time and location of the cell phone use but also provide detailed information about whether the person was texting or speaking. However, obtaining these cell phone records can be difficult if you are working on your own. Hence, it is suggested to seek legal assistance from a car accident attorney who will help you draft and submit a subpoena to the network provider to receive the driver’s phone records.
Such records can clearly prove if the driver was texting at the time of your accident. If you have such solid proof of negligence, insurance companies will have to accept your claims. In addition to the driver’s phone records, you can also provide additional evidence in the form of eyewitness testimonies, security footage from the scene of the accident or in some complicated cases accident reconstruction expert testimony to prove that the driver was distracted while driving.
Why Should You Hire A Good Car Accident Attorney?
Most of the car accident injury claims can be difficult, and you may need resources to conduct extensive research to gather evidence and prove negligence. If you do not have sufficient evidence to prove that the accident was caused by the negligent or distracted driving of the driver it does not matter even if the driver is liable. As a victim of a car crash, you have to prove that the other driver had a responsibility of safety and a breach of this responsibility contributed to your accident and the resulting damages. Hence, it is imperative to hire a car accident attorney if you have been involved in a car crash as an experienced lawyer can help prove liability, negotiate settlements on your behalf to ensure you receive the compensation you rightfully deserve.