Proving That Another Driver Texting Caused Your Accident
- posted: Sep. 12, 2022
Drivers have an obligation to take reasonable steps to avoid accidents, and that includes keeping their attention on the road. If another driver was distracted by answering or typing a text, and their negligence caused an accident, you have the right to recover damages from them.
According to the National Highway Traffic Safety Administration (NHTSA), reading or sending a text takes a driver’s attention off the road for approximately five seconds. So if the driver is travelling at 55 mph, that means they would travel the length of a football field without looking at the road.
A plaintiff in an automobile accident case must prove several elements to win their case, including:
- The defendant driver had a duty to the plaintiff
- The defendant driver violated that duty
- The defendant’s negligence was the cause of the accident
- The plaintiff suffered measurable damages as a result of the accident
There are a number of methods to prove that the defendant was texting when the accident occurred. An experienced Texas automobile accident attorney will know which methods may work in your case.
One important source of evidence in distracted driver cases is cell phone records. Your attorney may use a subpoena to force the driver to turn over his or her cell phone records. The records will show when the phone was in use and if it was at the time leading up to the accident.
Another possible source of evidence is eyewitnesses. Especially if an accident happened in a metropolitan area, there may have been other drivers or pedestrians to observe the accident. They may have seen the defendant driver on the phone.
There may also be surveillance video of the accident. With the proliferation of store surveillance cameras, red light cameras and cell phones in general, many accidents are captured on film.
At the Leland Reinhard Law Firm, I represent people injured in all types of automobile accidents, including those caused by distracted driving. Call me today at 817-645-5400 or contact me online to schedule a free consultation. I will give my all fighting for your right to the compensation you deserve.