What if a driver was texting when they caused my car accident?

Every state in the country has motor vehicle laws governing the obligation of motorists to drive responsibly. If they act negligently while behind the wheel, they may be ticketed, fined, jailed, or lose their driving privileges. If they hurt someone as a result of their negligence, all of the above applies but they are also subject to civil actions against them by their victims. In essence, a victim has the legal right to file a claim against them and/or sue them in court for compensation equal to their damages. If the victim’s car accident attorney can prove that the other driver was texting while driving, that is a clear act of negligence.

With a respected and successful car accident attorney, like an auto accident lawyer from Ward & Ward Law Firm, by your side, you are far likelier to receive full compensation from the at-fault party and in a timely manner. And because they have a thorough understanding of what types of damages are compensable, we are usually able to negotiate a higher settlement than the victim can manage on their own.

Another reason why we are so successful is that insurance companies understand that if they do not agree to a reasonable settlement, we will not hesitate to file a civil lawsuit against them. The odds of them winning in court will be low, and they also do not want to pay court costs and attorney fees in addition to the settlement. Someone who is not an attorney does not have the same legal leverage as us. We encourage you to call a law firm to find out more if you suffered a serious injury because of the negligence of another driver.

How does a car accident attorney prove the other driver was texting?

There is more than way to prove that a driver was negligent because they were texting while driving, and that their actions led to the cause of the crash and the victim’s injuries. Here are two main ways that a car accident attorney can provide such proof:

·         Photographs taken by passengers or accident witnesses, dash cam video footage, and municipal traffic camera footage may show clearly that the driver was distracted because they were texting.

·         Eyewitness accounts of the driver texting while operating their vehicle.

·         Cell phone records of the driver can be subpoenaed by the victim’s car accident attorney. Because they are an officer of the court, they have the legal authority to petition a court for these records. A private citizen does not have the authority to do this.

·         The at-fault driver may have admitted their negligence to the responding law enforcement officer and their admission may be contained within the police officer’s report of the accident.

Turn to a Car Accident Attorney

If you were injured in a motor vehicle accident caused by a negligent driver, talk to a car accident attorney at no charge to learn if you are eligible for compensation.