Proving The Other Driver Was Texting in An Auto Accident
Distracted driving, which primarily includes texting while driving is one of the more common causes of auto accidents in California and other parts of the country. Texting and driving can lead to life-threatening injuries or even the death of the victims in the event of an accident.
The driver that hit you because they couldn’t wait to pull over and reply to a text should be brought to justice. You should be prepared to hire a capable and resourceful personal injury attorney in California for getting the distracted driver to compensate you for their recklessness and negligence.
California’s Ban on Texting and Driving
In California, it is illegal to text or simply even hold a cell phone in hand while driving. This law has been in place since 2017. California District 20 Assemblyman Bill Quirk issued a press release that linked 12 fatal car accidents in a single year with handheld cell phone use while driving. More than 13,000 citations were issued by the California Highway Patrol in the same year for writing, reading, and sending texts while driving.
Another 78,000 citations were issued for operating a vehicle while using a cellphone. Drivers are not allowed to do anything more than perform single swipes and taps on a smartphone under state laws. The cell phone should be mounted on the dashboard or windshield of the vehicle.
How to Hold the Negligent Driver Liable for Distracted Driving or Texting While Driving
Your lawyer will have to show that the motorist in question was driving and texting when the accident occurred for you to be awarded compensation in a distracted driving personal injury case. Here are a few methods employed by reliable car accident attorneys to prove that their client was a victim of negligence occurring because of texting while driving:
- Acquiring cellphone records
It is against the law to use a cellphone while operating a vehicle in California. Your attorney will subpoena the defendant’s cellphone records to effectively support your claim. The attorney will need a court order to obtain the records since the majority of cellphone companies refuse to release these sensitive records.
- Police report
You should not delay calling the law enforcement officials to the accident scene. The police officer will review the accident scene and try to determine the reason for the crash. You should tell the officer if you noticed the other driver was on their cellphone. The police officer is likely to mention texting while driving in their police report if they have reason to believe that it was a factor in the car crash.
- Eyewitness statements
Another important component in proving negligence is eyewitness statements. You should collect the name and contact information of other witnesses to the accident. There is a high likelihood that someone standing nearby, or another driver was privy to the accident and saw the at-fault driver glance down at their phone.
- Camera footage
Your attorney can determine whether there were any cameras in the area during the accident. They may obtain the footage to prove your claim.
- Innovative tech
Experienced attorneys may use innovative evidence, such as from the Textalyzer to prove the other driver was responsible for the accident. Textalyzer is a new roadside test used by the police to learn whether a driver was involved in texting while driving or not.
The device is similar to a breathalyzer that is used for determining whether a driver was driving intoxicated. It allows the officers to determine whether the at-fault driver sent an email, text, or performed any other activity on their phone.
There are penalties to refuse to submit to a textalyzer test. It can attract a license suspension among other similar penalties. It can be challenging to obtain this type of evidence. However, a capable personal injury attorney will be able to get the evidence on your behalf.
Get the Maximum Compensation You Deserve
It can be difficult for you to gather necessary evidence supporting your claim while you are still recovering from your injuries. Unfortunately, delaying this step may result in the evidence getting misplaced, forgotten, or lost. It may also cause the statute of limitations deadline to run out.
This is why you should not delay in contacting a skilled car accident attorney. There are several paths that can be taken for getting the compensation you deserve. You can file a claim with the insurance company after the accident. Your attorney will build the claim for you by gathering the necessary evidence that shows the other driver was texting.
Insurance companies use various tactics to get away with denying the claim or paying less than what victims rightfully deserve. A strong claim may compel the insurance company to compensate for your losses. If not, you should be prepared to bring the distracted driver to court. This will require the expertise of a knowledgeable attorney since they would need to present a strong case before the judge and jury.
Discuss Your Distracted Driving Injury Case with a Qualified Personal Injury Attorney
You can make distracted drivers accountable for their actions when they are responsible for your injuries and losses. Reach out to the reputable and proven car accident attorneys at Garmo & Garmo, LLP to make the at-fault driver pay for their serious negligence. Get in touch with us today by calling at 619-441-2500 or simply fill out this online contact form.
