Proving That Texting While Driving Caused Your Accident
Posted on: 25 October 2022
As an auto accident victim, you might need to prove that the defendant was texting and driving during your auto accident claim or lawsuit. Below are things you can use as evidence:
The Defendant's Phone
Texts on the defendant's phone can help you prove that they were texting at the time of the crash. You can also use half-written or unsent text as proof. If you are lucky enough, you may find the defendant's reference to their driving in the text's contents. For example, the defendant's text informing someone they were driving home is strong evidence.
The Defendant's Phone Logs
The defendant might delete their texts or hide their phones after a crash. Your lawyer can help you get phone logs from the defendant's phone company. The logs may help you show that the defendant sent a text while they were behind the wheel.
Video Footage
Many urban centers have cameras that capture road users around the clock. Video footage showing the defendant on their phone is a gem for your evidence. You may also get such footage from other sources, such as eyewitnesses or security cameras near the accident scene.
Eyewitness Testimony
Eyewitness testimony usually presents strong evidence as long as the testimony is credible. Credible testimony comes from a neutral witness. The witness should also have been at the accident scene and got their information firsthand.
Two forms of eyewitness testimony can help here. First, eyewitnesses can testify that they saw the defendant holding a phone while driving. Secondly, an eyewitness can testify that they received a text from the defendant around the accident's time.
Circumstantial Evidence
Circumstantial evidence is not foolproof, but it can strengthen your claim and weaken the defense. Say someone rear-ends your car, and the investigations show that they did not even attempt to slow down or brake before the crash. Such a driver was distracted, and a phone is a common source of driving distraction.
Say the defendant's phone was on their lap or the text message app was open. Combine such factors with the lack of evasive actions just before the crash to prove the defendant's liability. An accident reconstruction expert can help you put such evidence together.
Hopefully, you will get the compensation you deserve for your accident damages. Remember that the law expects you to prove liability and damages. Consult a personal injury lawyer to help you get the compensation you deserve.
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