Car Accidents Caused by Texting
What should you do if you think the driver in your accident hit you because they were texting and driving? So many of us are made to feel guilty through the media when we even think of getting a lawyer to defend our rights. The last thing you should think about is guilt. If someone died or is very hurt, the law states that you should be “made whole” again and that is why you have been paying for insurance all this time. Insurance is to literally ensure that things will be put back. What if you can’t go back to normal? Financial compensation is the only way sometimes to help mend what has happened. This is how our justice system works.
What Should You Do if You Think The Other Driver was Texting?
It’s pretty clear to most people that texting and driving is against the law. But sometimes we do it anyway. It’s easy to make a mistake when most Americans carry a cell phone. If you should decide you have a law suit, even if the other driver is named, usually you are not suing them personally, this is why they have insurance. You are suing an insurance company who is there to protect the other driver.
Here are some ways it can be proven in court that the driver was texting while driving:
If you think the other person was distracted in anyway file a police report right away. When the police get to the scene of the accident tell them everything you can remember about what you saw including before, during and after the crash. This creates a record.
Also you can ask the other driver what they were doing when it happened. If they admit they were distracted when driving their admission is almost always admissible in court.
Check with witnesses to see if anyone else saw what happened. Ask them if you can use your cell phone to video their accounts.
See if any surveillance video or amateur video has been taken that can explain what happened including a police dash camera.
Also phone records can be subpoenaed for your case that can prove the driver was using the phone at the exact time the accident happened.