One of the biggest problems that can be encountered is texting while driving. In fact, according to The National Highway and Traffic Association, approximately 3,000 lives are lost every year as a result of texting while driving. Anyone who ends up causing an accident because of this can end up being held liable for the accident due to the fact that all drivers are responsible for the overall safety of other motorists while they are on the road. This means that intentionally partaking in distracted driving-related behaviors, such as texting, can result in an individual being held responsible for any and all damages that may be incurred. On the other hand, victims who are in crashes in which texting was involved will have to work to prove that another driver was actually texting in order to ensure that they are deemed negligent.
In the state of Texas, texting and driving is illegal, which is similar to most other states. Texas actually became the 47th state to ban texting while driving back in September 2017. Despite this, however, law enforcement has been shown to be slow to fully enforce this law, which has unfortunately resulted in texting remaining a huge cause in approximately 30% of auto accidents throughout the state.
In the event that either you or someone that you know has been involved in such an accident, it’s extremely important to begin gathering as much evidence as you can as soon as possible in order to prove that the other driver is liable. For instance, obtain eyewitness statements from other individuals who were at the scene of the accident, take photos of the accident, and obtain the accident report itself.
When it comes to accidents caused by texting while driving, it can often be difficult to prove that the accident itself was caused by the other driver texting. More specifically, challenges can be posed in proving liability if there aren’t any eyewitnesses or law enforcement officers who were there at the time the accident occurred. This is when obtaining the services of an experienced personal injury attorney will be the best step to take, as they will work to ensure that each and every one of your rights are fully protected.
In terms of being able to prove that another driver was texting when filing your accident claim, there are a few different ways that this can be done. For instance, one of the most common methods is to subpoena the phone record of the other driver. In the event that there are no other eyewitnesses to help prove that the other driver was actually texting, your personal injury attorney could choose to take this route. This is because the phone record will include timestamps of all calls and text messages that were made on the other driver’s phone.
In the long run, perhaps the best way to decrease all of the stress involving a claims process, as well as making sure that all of your rights are completely protected following an accident involving another driver texting and driving, is to consult with an experienced personal injury attorney. This is something that should always be the case whether you or someone close to you, such as a friend or family member, have become injured in such an accident, as this kind of situation can be rather overwhelming to try to get through on your own.