Since the early 2000s, texting has become a social norm due to the popularity of smartphones. There have been many studies that show drivers who are texting are actually 20 times more likely to be involved in a car accident as opposed to driving while intoxicated. In 2009, following several other states, California outlawed texting while driving.
Even with these laws in place, many people still make a habit of texting while driving. It is a norm to see people pull up to a stoplight and immediately take out their phone and begin using it. Some think if they shoot off a quick text while they are driving that it will be ok. The problem though is that even a quick glance away from the road can have terrible consequences. Even at a low speed, 3-5 seconds looking off the road is a significant distance.
While this type of driving occurs all the time and causes many car accidents, it can be extremely difficult to prove. If you’ve been in a car crash with an impaired driver, the police can breathalyze the driver to see if they are under the influence. But proving someone was texting and driving doesn’t have a similar test.
If there were no eyewitnesses or police officers at the scene of the accident, hiring a car accident attorney is going to be your next best step if you believe the driver who you hit was texting during the accident. Consulting an attorney is always the best step when you’ve been in a car accident, but especially if you’re trying to prove that the other driver was texting.
Cell Phone Records of the Other Driver
Once a personal injury lawsuit has been filed, attorneys are able to send out discovery and subpoenas. Using a subpoena, an attorney may be able to get the other driver’s cell phone records that have time stamps of calls and text messages (typically, you are only able to get time stamps and phone numbers, not the actual text itself).
To strengthen and prove your car accident insurance claim, you will want to have as much evidence as you can. This means obtaining witness statements and their contact information, accident reports, and if you believe the other driver was texting or on the phone, this means phone records.
If the insurance company is unwilling to settle your insurance claim before filing a lawsuit, obtaining the above information is something your car accident attorney will do to help build your case.
If you believe that someone was texting and driving was the cause of your car accident, it is especially important to try to get as many witnesses names at the scene as possible. Understandably, this will be difficult if you are seriously injured, but if you are not it is a good idea to try to get as many witness statements and their contact information as you can.
Unfortunately, texting and driving has become a big problem in the last 15 years due to the advent of smartphones. The use of apps only perpetuates this problem. Although it may be difficult to prove, attorneys still have tools at their disposal to try to help prove it for your insurance claim.
