Distractions that take your attention away from the road can drastically increase your chances of causing an accident. However, even if you’re diligent about avoiding screen time while you’re behind the wheel, there are many other motorists who text and drive every day, putting others’ lives at risk.
If you were struck by a motorist that you believe was texting and driving, you may be able to recover compensation for your medical expenses, lost earnings, and other damages resulting from the accident. To do so, you will likely have to gather strong evidence to prove that the liable party was using their phone in the moments leading up to the accident.
Let’s take a look at a few types of proof that could help you show that the at-fault driver was negligent:
1. Eyewitness Testimony
If someone else noticed the at-fault driving using their phone before the collision, their deposition or testimony could help you prove that the liable party was texting while driving. As such, if there were any onlookers near the accident scene, you should take time to write down their contact details and a brief statement of what they saw. Your attorney may want to reach out to these eyewitnesses to determine whether their deposition could help support your claim.
2. Cellphone Records
Whether the at-fault motorist was texting or making a call, the exact time and date of these activities will most likely be reflected on their cellphone records. As such, you could use these records to prove that the driver was using their phone in the minutes leading up to the accident. However, these records can be hard to procure as you will likely need to file a subpoena in order to force the driver’s service provider to hand over the relevant documentation. Fortunately, a skilled car accident attorney can help apply the necessary legal pressure and gather the evidence required to prove your claim.
3. Surveillance Camera Footage
More and more businesses are outfitting their properties with advanced surveillance cameras that are running 24/7. As such, if the collision took place on a busy street, there’s a high chance one of these devices captured footage of the moments before, during, or after impact. Such videos might help show that the at-fault driver was using their phone in the minutes before the accident. You will need to act quickly to obtain these files as this footage is routinely erased every few days.
Discuss Your Situation with a Texas Car Accident Attorney Today
Were you hurt in an accident involving a driver who was texting and driving? Turn to the legal team at Hilliard Martinez Gonzales LLP to discuss your options with a Texas car accident lawyer.
We can help manage every aspect of your personal injury case, including investigating the accident, approximating fair compensation for your losses, and handling all communication with opposing parties during proceedings. Reach out to us today at 1-800-334-3298 or by sending us a message via our contact page HERE to request a free case evaluation.