Proving the Other Driver Was Texting in an Accident  

The National Highway Traffic Safety Administration (NHTSA) estimates that at any given moment, 600,000 drivers are using their cell phones. More than 400 drivers are killed every year when texting and thousands more are injured. At Springer & Lyle, we stand ready to do the necessary investigation to determine if a texting driver caused your accident.

How to Prove the Other Driver was Texting

Texting and driving have the same effect on driving as if the driver had drunk four beers in one hour! The U.S. Department of Transportation reports that it takes five seconds to read a text, the same amount of time it takes to drive the length of a football field at 55 mph.

It may be difficult to prove the other driver was texting, but it can be done. Some specific evidence that may be gathered includes:

• Witness statements. If possible, at the accident scene, get names and contact information from witnesses who saw what happened and observed the driver texting.
• Be sure there is a police report and ask the officer who responds to determine if the driver was texting and if so, include that information in the police report.
• Your attorney will be able to subpoena cell phone records that will show if the driver was using the cell phone at the time of the accident.
• Determine if there are any video surveillance cameras in the area. If so, your attorney can subpoena those records. There may be surveillance cameras at an intersection or on nearby buildings that capture the traffic. Also, a witness may have taken a video of the event or even a still photo that shows the driver texting.
• Accident reconstruction. A professional accident reconstructionist may be able to prove that the only possible cause of the accident was a distracted driver.
• Occasionally, drivers admit they were texting. This is often something they say without thinking about the consequences but check with witnesses who may have heard the driver admit this.

An Experienced Personal Injury Attorney Can Help You Prove Your Case

The personal injury attorneys at Springer & Lyle can help you get the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940-387-0404 for a free consultation.