It’s hard to imagine a text message that’s important enough to be worth causing a car accident. Despite that, a shocking number of accidents are caused by those who text while behind the wheel. If you’re involved in a crash and you suspect the other driver was using their phone at the time of the crash, what’s your next step?
Learn more about how you can prove that another driver’s bad decision caused your accident. When you’re ready to talk about your case with our team, call Reeves & Mestayer at 228-374-5151.
The Dangers of Texting and Driving
Texting and driving is incredibly dangerous, but a large number of drivers still think it’s harmless. What’s a second or two spent looking at your phone, after all? One glance at your phone is enough to cause a major accident. Consider this: the average text message takes five seconds to type. During that time, a person driving 55 miles per hour crosses the length of a football field, all without looking at the road.
Not only is texting and driving dangerous, but it’s also becoming increasingly common. Surveys indicate that a growing number of teen and adult drivers admit to texting and driving within the last 30 days. That’s why it’s important to drive defensively, give yourself plenty of space around other drivers, and be ready to see compensation if a negligent driver hits you.
Support Your Claim with Proof
If you’ve been hit by a reckless driver and you suspect that they were using their phone, you’ll need to prove your claim. If you can, your personal injury claim will be much stronger. Driving while texting is a breach of a driver’s obligation to others on the road, which is to take reasonable steps to prevent injury to others. There are several ways you can prove that another driver was texting at the time of a crash.
Perhaps the most straightforward way to get proof is to subpoena the driver’s cell phone company. Your lawyer can do so as part of an ongoing case. However, this may not be the first step they go to. It can take time and is sometimes more cumbersome than it’s worth if there are other options. Cell phone records will show exactly when text messages were sent and received, providing ironclad proof.
Many safe drivers are fed up with distracted drivers on their phones. They notice when someone next to them is speeding up and slowing down randomly, swerving, or otherwise driving unsafely. If they see that person with a cell phone in their hand and notice that they are involved in an accident down the road, there’s a good chance they will stop to offer their assistance to the other driver.
While another driver’s observation may not provide proof that the liable party was driving at the time of the accident, it can be a good starting point for an investigation. It may also be included in the police report, which is very useful for your attorney.
Traffic or Commercial Cameras
Cameras are everywhere nowadays, and while that may feel like an invasion of privacy sometimes, it is helpful in situations like this. Red light or traffic cameras are often clear enough to identify a driver, so they are good enough to show whether or not the driver has a phone in their hand. If you choose to go this route, make sure to ask for the footage quickly. It is often rewritten on a set schedule to save space.
Most drivers know better than to admit that they were using their phones at the time of the accident. Some come right out and say that they were using their phones if they are panicking over the crash. If this happens, make sure you tell the police officer who responds to the scene.
Start Your Personal Injury Claim with Reeves & Mestayer
Have you been hit by a distracted driver? You may be entitled to compensation for your medical bills, lost income, and related expenses. Find out more about your options now by contacting Reeves & Mestayer online or calling us at 228-374-5151. We’re here to hold reckless drivers accountable for the damage they cause.