Texting And Driving Caused My Accident
Perhaps you have been injured in a motor vehicle accident and you believe that the driver who caused the accident was texting while driving. Or, you didn’t even suspect anyone was texting, but witnesses at the scene said she was texting and even the driver herself alluded to the fact that she was texting.
So, what do you do if you believe another driver was texting and driving just before your accident?
What to Look For
In order to show that the driver was negligent due to her texting while driving, one of the things you will need to do is prove the driver’s negligence was responsible for the accident and resulting damages.
There are many different types of evidence that you and/or your attorney can gather to prove this fact. A few examples of helpful evidence include:
A driver’s cell phone records
Cell phone records are probably the number one evidence factor in proving if a driver was texting and driving. Cell phone records can detail the time and date the call or text was made or received, and will even show the number that was dialed or texted. A texting and driving attorney will likely be able to get this information to help build your case.
Testimony of those who witnessed the accident
Witness statements are very important, especially from those who saw the driver talking on her cell phone or texting right before the accident.
Photos and video surveillance taken from the area where the accident occurred
In addition to surveillance from security or other traffic cameras located near the scene, you should take as many photographs as possible. Photographs are very effective evidence that can show how an accident occurred and what a driver didn’t exactly see. It is easy for a driver to miss a traffic signal if her hands and eyes are busy texting.
Police reports
- When police arrive at the scene, they survey the area and speak with the parties involved to determine if anyone is injured. They dispatch medical care if necessary and generate a police report.
- The police gather witnesses’ contact information question witnesses about the details of the accident. Many witnesses will be able to confirm if a driver was texting and driving just before an accident.
- The police also draw a diagram of the accident scene to display which driver was at fault and how the accident was caused. This diagram can prove to be very helpful in a car accident case that involved texting and driving.
Liability
The rate of accidents caused by texting and driving is shocking today. And in the world of personal injury cases, texting and driving means that a driver was behaving negligently, since his or her carelessness lead to the accident.
Every state imposes upon every driver a legal duty of care toward other drivers on the road. However, when a driver decides to text and driver, then he or she is breaching that duty of care and can be found at fault in a car accident case.
Damages
Assuming you adequately showed that the driver’s negligence caused you personal injuries, you are entitled to all reasonable damages.
Reasonable damages can include:
- Medical expenses
- Loss of income
- Property damage
- Loss of earning capacity
- Funeral expenses if someone died
- Pain and suffering
- Loss of companionship
Conclusion
In order to recover the damages that you deserve after a driver who was texting caused an accident, you should contact a reputable, knowledgeable personal injury attorney that can help you with your case at 561-361-8677. There are many nuances involved in successfully pursuing a personal injury claim and you should have someone by your side who will fight for you to get what you deserve.
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