Proving the Other Driver Was Texting While Driving

Can I find out if the driver who hit me was texting and driving?

The good news is that with the help of an accident attorney, you can obtain the at-fault driver's phone records in order to determine whether or not he or she was sending or receiving text messages at the time of your accident.

If you've been hurt in a car accident caused by another driver, it's vitally important that you obtain any and all evidence that may help prove your case. While the other driver (and their insurance company) will never willingly admit to texting while driving, you as a victim have every right to request and review evidence that proves otherwise.

Proving the other driver was texting and driving at the time of the crash may require a few extra steps, but it can mean a world of difference when it comes to determining liability and settling your claim.

Obtaining the other driver's phone records.

In order to prove whether or not the person who caused your accident was texting while driving, it's almost always necessary to obtain a subpoena. While this may be new territory for most people, every accident attorney worth his or her salt is extremely familiar with the process and can do this at no cost to you.

In order to obtain a subpoena for the phone records of the driver who hit you, you must first file a claim. If you have an injury claim related to the accident, it's best to have your attorney handle the claims process from beginning to end.

Personal injury attorneys work on contingency, meaning that they will handle your case for no cost to you, and only earn a fee if and when they win your case. On the other hand, if you not injured in the accident, you're unlikely to find an attorney who will help you with your claim.

During the discovery process, your attorney will investigate your claims and formally request the driver's phone records from the insurance company. If they refuse to supply them voluntarily, your attorney will file a subpoena in order to compel the phone company to turn over the records. These records will then be examined based on the time of the accident in order to show whether or not any calls or text messages were sent or received in the minutes preceding the crash.

Again, if you have hired an attorney, this will all be investigated and handled as part of the normal claims process — and at no cost to you. As a Dallas accident injury law firm, our job is to advocate on your behalf for every penny you deserve, to seek out and obtain evidence that helps prove your case, and to either negotiate an agreeable settlement offer or fight the insurance company in court.

The problem of texting and driving in Texas.

Would it surprise you to learn that nearly 30 percent of all car accidents in Texas involve someone either on the phone or texting while driving? It may sound crazy, but this statistic comes straight from the NSC. As unbelievable as it sounds, the truth is that texting while driving increases your chances of being in an accident by about 2,300 percent!

Even though Texas finally banned texting and driving statewide in 2017, law enforcement has been slow to crack down on the dangerous practice. The likelihood of being hit by someone who's texting while driving increases every year, and statistics show that over 1,000 people are injured each and every day due to distracted driving accidents.

While we're all aware of the dangers of drinking and driving, according to the National Highway Traffic Safety Administration (NHTSA), texting and driving may actually be more dangerous than driving at a .08 BAC.

Liability when it comes to texting and driving.

All drivers owe a legal duty to act as a reasonable driver and protect others from foreseeable harm. When a person intentionally engages in conduct that has been proven to be dangerous — such as texting and driving — it is considered negligence.

If it can be shown that your injuries and damages were the direct result of the negligent driver's actions, he or she (or more-accurately, their insurance company) is legally responsible for compensating the victim for any and all related damages or expenses.

In most cases, the insurance company will do everything in their power to skirt liability or shift part of the blame on to you. Even if the evidence is clear and convincing, they have no reason to offer you a fair settlement or even negotiate with you unless they know your attorney is ready to take them to court.

Unfortunately the burden of proof is on you, but this is why having an attorney on your side is invaluable. If you would like to discuss your case and see how our law firm may be able to help, call us today at (214) 651-6100 for a free consultation.