How to Prove Texting While Driving Accident Cases
If you are driving, it is vital that you avoid checking your phone until you are at a complete stop. Distracting driving is a serious problem that can have shattering consequences. Police officers in most states who have reason to believe a driver is texting while driving have the authority to stop the driver and issue a citation. In Florida, it is quite common to see a driver get cited for texting while driving. Since last year, texting while driving is now a primary offense in Florida which means a police officer does not need to have an additional reason for stopping a driver who is operating a mobile device while driving. However, if a driver violates Florida’s texting while driving laws and it leads to an injury-causing crash, accident victims cannot always depend on police officers to obtain the necessary evidence to obtain compensation for injuries. There are many ways that a personal injury attorney can help you show that the driver who caused your accident was texting while driving.
Ways to Prove Texting While Driving Violations
One of the most common ways this is done is by obtaining records from the driver’s cell phone service provider. By gaining access to a driver’s mobile phone records, it will be easy to find out if the driver was on the phone at the time of the crash. If the driver was either making a phone call, surfing the web, or drafting a text message at the time of the crash then it is likely they were distracted at the time of the crash. All it takes is a subpoena from the cell phone service provider to assess when text messages were read and sent and to see if there is an overlap in time. Another potential source of valuable evidence are traffic cameras and red-light cameras. Traffic cameras can sometimes provide some footage of the moments leading up to the car accident and immediately thereafter. Another valuable evidentiary source for car accident attorneys is an eyewitness to an accident. If a witness observed the other driver texting or using their cell phone at the time of the accident, we can utilize those witness statements as substantive evidence in your case. Although witnesses are notoriously unreliable, a witness that did see the other driver texting before causing your accident is still a very useful bit of evidence in your car accident case. However, the simplest and easiest method of proving a texting while driving accident case is to get a driver to admit they were texting while driving. Testimonies given to police officers who respond to the scene of the crash can be used. If you have suffered an injury because of a distracted driver, you have the right to file an injury claim to recover losses. If you can prove that the driver’s negligence contributed to the crash, you should be able to seek support for your medical bills, lost wages, pain and suffering, the cost of rehabilitation services and a number of other related damages.
Speak with a Car Accident Attorney Today!
Knowing the laws of the road and the best steps to take when an accident occurs can help ease the pain of any accident that occurs. It can also help any make any claims process involve less painful as well. If you are involved in a crash, the most important thing to do is to document the entire situation by taking careful notes soon after the car accident. Never again will your memory of the key event be as fresh as they are on the day of an accident. Taking good notes rather than relying on your memory will help with your claims process and increase the chances of receiving full compensation for your injuries and damage to your vehicle. At Suarez and Montero, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accident and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
