Today’s blog discusses how HHJ Trial Attorneys approach distracted driving accidents. We pursue numerous sources of evidence to help our clients prove that the at-fault driver was texting, so if you’ve been in an accident caused by a distracted driver, read on to discover how we can help you.
How to Prove Texting While Driving
When a driver texts, their eyes are off the road, their hands are occupied, and their focus is divided, significantly impacting reaction time. Distracted driving alone accounts for thousands of accidental deaths every year. If you’ve been in an accident and you suspect the other driver was texting, providing irrefutable evidence is the best way to hold them accountable for their actions and receive compensation for your damages.
Eyewitness Accounts
It is crucial to secure as much evidence as possible immediately after the accident. You can start by speaking to anyone who may have seen the other driver using their phone. Request their contact information and have them provide a statement about what they saw. Eyewitness testimony is compelling evidence that can be particularly useful in court.
Possible eyewitnesses include passengers in either vehicle, other drivers, pedestrians, nearby shop owners, and residents. If you have been injured and cannot gather this evidence yourself, a passenger, family member, or lawyer can approach witnesses on your behalf.
Video Evidence
Cameras are everywhere, and there is a good chance that your accident was captured. There are several potential sources of video evidence, but it is vital that you or your legal representation act quickly to secure the footage before it’s deleted. Conventional sources of video evidence include:
- Traffic cameras in the area
- Vehicle dashcams from your own or other vehicles
- Security cameras from surrounding businesses
- Smartphone footage from bystanders
- Video doorbells on residential buildings
Physical Evidence
It is imperative to consider all possible evidence that can help your case. Collecting physical evidence immediately after the accident can support your version of events. Take as many photos as possible of anything you think might be relevant. Some details to look out for include:
- A lack of skid marks on the road may indicate that the driver didn’t attempt to brake to avoid the collision.
- The direction the car is pointing directly after the accident, which, if not on the correct trajectory, could indicate the driver was not paying attention to the road.
- The position of the driver’s phone in the vehicle can show that it was potentially in use, such as if the phone is on the driver’s lap or seat.
Police Reports
When law enforcement responds to an accident, they always create a report that includes any observations from the scene. These observations will highlight anything notable, including the driver’s behavior, any statements they make, and notes about the presence of a phone in the car.
You or your car accident attorney must request a copy of the police report as soon as it’s available, as it can provide crucial details to substantiate your claim. The more irrefutable evidence you present, the easier it will be to secure a fair settlement without a drawn-out legal battle.
Social Media
Sadly, it is not uncommon for drivers to inadvertently provide evidence against themselves on social media. It’s vital to check their accounts on platforms like Instagram, Facebook, and Snapchat immediately because they have story functions that disappear after 24 hours. Anything posted publicly, including photos posted around the time of the accident, as well as comments and reactions on other posts, can be used as evidence.
Cell Phone Records
Phone records can provide concrete evidence of texting during the accident.
However, obtaining these records typically requires legal action, so hiring an attorney is critical to secure this vital evidence.
Your attorney will send a preservation letter to the driver’s cell phone carrier to ensure their records aren’t destroyed. During the discovery process, they will also subpoena the documents to be presented first because official records are almost impossible to refute.
Behavioral Patterns
If the driver has a history of citations for texting or similar moving violations, it can support your case by proving a pattern in their behavior. If they have a history of accidents and you can secure testimonies from people close to the driver, it can further demonstrate that they tend to break traffic rules.
The Importance of Proving Distracted Driving
Successfully proving that the other driver was texting can significantly affect your personal injury case. The potential ramifications of distracted driving can include:
- Negligence: Texting while driving is considered negligent behavior, establishing liability for the accident.
- Damages: Evidence of texting can lead to higher damage awards, which may include punitive damages depending on the severity of the accident.
- Criminal Charges: Texting while driving is a criminal offense in California, and your evidence could lead to criminal charges against the other driver.
- Insurance: Proof of distracted driving will significantly strengthen your position when negotiating with insurance providers, leading to a higher settlement.
Building Your Case Against a Texting Driver
At HHJ Trial Attorneys, we have extensive experience proving distracted driving. These cases require a multifaceted approach that considers all possible sources of evidence to hold the driver responsible. Our goal is to seek justice and ensure the best outcome for our clients. Contact HHJ Trial Attorneys for a free consultation so we can evaluate your case and initiate the process of obtaining the compensation you deserve.
