If the other driver was texting during a car accident, they might be liable for your collision. Because the liable party generally covers the losses from an accident, the liable motorist’s texting could have a tremendous financial cost. That person (or their insurer) might need to cover all your accident-related damages.
If you are unsure of how to proceed after a car accident, you can hire a car accident attorney. They will advise you and fight for the compensation you deserve.
How Can I Prove a Texting Driver Caused My Car Accident?
There could be several ways to prove that a motorist was texting at the time of your accident, including:
- Witness testimony: A witness inside or outside of the vehicle could have seen the driver texting at the time of your accident. Our legal team can get the sworn accounts of these witnesses.
- Phone records: We can acquire phone records for the person who caused your accident. If records show that the driver sent or read a text message just before or during your collision, it could be clear proof of their negligent behavior.
- The driver’s own words: If the motorist admitted to texting while driving, we will include this admission in your case. The driver might have told a police officer or insurance company or even said to you that they were texting at the time of the collision.
- Video footage: Someone in the liable party’s vehicle might have recorded the driver texting. Other video footage could be helpful to your case, even if it does not clearly show the motorist texting while driving. For example, videos can show erratic driving behavior, which can prove that the driver behind the wheel caused your accident.
- A police report: A responding police officer’s report could state that a motorist was texting and driving. The officer might have determined this because of witness accounts, the driver’s words, or even by seeing a phone in the liable driver’s vehicle.
Let a car accident lawyer from our firm investigate your accident. We will gather all evidence that indicates a distracted driver caused your collision. If you have any other questions about how a lawyer can help with your insurance claim or lawsuit, we are always available to provide answers.
Is a Driver Who Texts and Drives Always Liable for Their Accident?
Not necessarily, though a driver who texts and drives poses an unacceptable risk of harm to others, the National Highway Traffic Safety Administration (NHTSA) found that 3,142 people died in a single year because of texting and driving. So if a driver’s texting caused an accident, they should be held responsible.
When a motorist texts while driving, they could increase the risk of:
- Striking the vehicle in front of them
- Veering out of their lane, perhaps into oncoming traffic
- Missing stop signs and yield signs
- Causing a collision with another vehicle
Motorists must keep their eyes on the road at all times. If they fail to do so and cause an accident, they should expect to pay the cost of victims’ damages.
For a free legal consultation, call 800-537-8185
How an Attorney Can Help You After a Texting While Driving Car Accident
Texting while driving will not always lead to criminal sanctions. However, victims always have a right to seek compensation from a driver who caused their accident. A lawyer can help with this by:
Helping You Decide Between a Lawsuit or Insurance Claim
Every accident victim faces unique circumstances, and a lawyer will help you decide how to seek compensation for your losses. Some relevant considerations can include the following:
- The severity of your injuries
- The cost of your economic damages (including medical care and vehicle repairs)
- How much insurance coverage you have access to
Our attorneys handle many car accident cases. We will review your case and develop a strategy that suits your circumstances.
Leading Every Step of the Legal Process
We will handle every part of your case, including:
- Paperwork
- Communications
- Investigation of the accident
- Collection of evidence
- Calculation of your damages
Lawsuits and insurance claims have many moving parts. Our firm’s attorneys and paralegals will oversee your case from start to finish.
Fighting for a Fair Settlement
We work to resolve car accident cases through settlements. Whether we are negotiating with an insurance company or another lawyer, we will fight for every dollar you deserve.
We also take cases to trial when it is best for our client. We will update you as your case develops and get your feedback on every decision that could affect the outcome of your lawsuit or claim.
Call a Car Accident Lawyer from Our Firm Today for a Free Consultation
Our law firm has acquired more than $1 billion in recoveries for our clients. Let us fight for the financial recovery you deserve.
Call the Morris Bart law firm today to complete your free consultation. However, do not wait to call, as there may be a time limit for filing your case.
Questions?Call 800-537-8185
to find a Morris Bart office near you.