Texting while driving has become a crime in most states in this country.
Yet, people continue to make a habit of texting on their cell phones while driving on the roads. Some think there is no harm in typing a quick “Driving, can’t text” or “Give me a sec.” But the reality is in the five seconds that your eyes are off the road and focused on what you a typing your vehicle could have traveled the length of a football field without you paying attention.
The end results can and often are deadly.
While this extremely dangerous practice is against the law in most states across the country, it may be one of the hardest offenses to prove. Driving under the influence can easily be detected through smell or a breathalyzer test but proving someone was texting and driving at the time of an accident that may have caused your injury is difficult to prove.
However, it’s not impossible. Attorneys May Get Cell Phone Records
If eyewitnesses or police officers aren’t on the scene of the accident at the time, hiring an attorney is the wise next move if you suspect the at-fault driving was texting at the time of the accident. Consulting or hiring an attorney to protect your rights and interests is always the best practice in all accidents, but it’s especially important when you suspect texting while driving was involved in an accident.
An attorney can obtain a subpoena of the driver’s phone record, which will come with a time stamp of all calls and text messages on the party’s phone.
Always remember if you have been hurt or injured in a car accident caused by another driver it is critical that you obtain any and all evidence that can help you prove your case. That means gathering eyewitness statements, accident reports and maybe most import is obtaining cell phone records. It is your right to request and review evidence that can prove the person was texting while driving.
The latter may be hard for an ordinary citizen, but for a lawyer obtaining the cell phone records can be done by demanding the same from the defendant in written discovery or issuing a subpoena.
Contact Bragoli & Associates P.C. today for a free legal consultation if you were injured as a result of a texting and driving accident.