There are three types of distracted driving: visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving). Texting while driving encompasses all three, making it one of the most dangerous forms of distracted driving.
Drivers involved in these types of accidents often wonder how they can prove the other driver was texting. There are many ways to prove this, such as obtaining phone records and witness statements. This might be hard for you to do by yourself, so you should consider contacting a Texas car accident attorney. They can help gather evidence to prove your case and obtain financial compensation for your losses.
Is Texting While Driving Illegal in Texas?
Texting while driving is illegal in Texas, and some cities even ban drivers from using cell phones for any reason. Specific laws vary from city to city. In general, though, you cannot send or receive text messages while driving. Drivers under 18 are not allowed to use handheld devices, while those with learner’s permits are prohibited from using cell phones for the first six months.
Request the Other Driver’s Phone Records
One of the easiest ways to prove the other driver was texting is obtaining a copy of their cell phone records. You’ll most likely need a subpoena, which can be challenging to file. Fortunately, attorneys are accustomed to obtaining one and can file a formal request to see their records faster than you’d be able to.
Witnesses can include pedestrians, other drivers, and vehicle passengers who saw the accident. Witnesses should give police officers a statement at the scene of the accident when it’s safe to do so. Your attorney can also subpoena witnesses to testify in court if they specifically stated the other driver was texting.
When you’re trying to prove that the other driver was texting, an officer’s testimony that the other driver was negligent can go a long way. Officers must complete police reports immediately upon arrival, and they have to include details surrounding the accident. If you saw the other driver was on their phone, you should tell the officer immediately. They most likely will add it to the report, and they may even issue a citation. You’d be able to use both the report and citation in court as evidence.
Depending on where the accident occurred, there may have been security cameras that filmed the whole accident, proving the other driver was texting. Dash-cams and cell phone video can also be helpful. Your attorney can gather video evidence and present it in court to prove negligence.
Your Texas attorney can partner with accident reconstruction experts to understand what took place at the time of the collision. Proper reconstruction can show that the driver was not paying attention to the road and acting negligently. Accident reconstruction is only helpful in some instances, which is why you should always consult with an attorney about other ways to obtain evidence.
Contact a Skilled Texas Auto Accident to Help Prove Negligence
Finding evidence that the other driver was texting and driving could be difficult, so you should consider working with an attorney. At Sutliff & Stout, our attorneys have years of experience handling car accident claims and will work tirelessly to find evidence that the driver was texting when they caused the collision. Our attorneys believe that every person deserves the highest level of legal representation and will do everything they can to make sure justice is served.
Sutliff & Stout lawyers are Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Representation. They have helped countless accident victims receive the financial compensation they need to cover medical bills and property damage. Call (713) 987-7111 or complete an online contact form to schedule a free consultation today.