texting and driving car accident lawyer san marino el monte

Texting and Proving Fault in Accidents

Texting while driving is considered a crime in many states. Although legislative measures have been taken to curb this practice, many people still use their phones to text or look at notification while driving. This is not only callous, but also potentially dangerous to the driver as well as other road users.

Driving while texting is a major cause of distraction which often leads to fatal accidents. In fact, distracted driving accounts for hundreds of injuries on the road everyday. Most drivers who have developed the habit of using their phones while driving may not consider the five or so seconds of reading a text to be potentially harmful. The truth of the matter, however, is that getting distracted on the road for just a few seconds is enough to cause a deadly accident.

As a driver, therefore, it is important to maintain focus when driving, and avoid activities that might distract you. This ensures not only your safety, but also the safety of other road users. It also helps you to avoid getting into trouble with the law over distracted driving.

Proving Text-Related Accidents

An accident caused by texting while driving can be very difficult to prove even if there was negligence by a driver. Whereas tests can be done to prove driving under the influence of alcohol (DUI), an accident involving texting while driving can be harder to prove due to lack of testable evidence. However, this does not imply that it is impossible to prove that a driver was distracted by their phone.

In case you are involved in a texting-related accident, you need to enlist the services of a personal injury attorney immediately. The lawyer will advise you on how to protect your interests if you are not at fault, and make a compensation claim in case you were injured due to a driver’s negligence.

To prove that the negligent driver was texting or using their phone during or prior to the accident, your lawyer will procure the driver’s phone records through a subpoena. This will provide the time stamps of any phone calls or texts that may have been sent by that driver.

Getting a subpoena is fairly easy for a personal injury lawyer since they have a solid grasp on what the law says about texting while driving. In most cases, these time stamps usually serve as sufficient evidence to prove a driver was using their phone during or before an accident. However, if you want to build a stronger case, you need to present any other records or evidence you may have. These include eyewitness accounts, medical reports and accident evaluation. The more evidence you have, the easier it will be to prove your case.

A Final Word

Although many states have laws that warn against texting while driving, most of these are very difficult or impossible to enforce practically. Which is why texting-related accidents are on the rise. As a responsible driver, you need to do your part to avoid getting distracted on the road. However, if you get involved in an auto accident with a driver who was distracted by their phone, ensure that you consult a personal injury attorney for advice on the appropriate steps to take.

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