Proving the Other Driver Was Texting in an Auto Accident

Few driving habits are as dangerous as texting and driving. Despite the fact that it has been illegal in Alabama for a full decade, a shocking amount of people are comfortable admitting that they regularly text while behind the wheel. Even a second spent looking at a text message could leave you unable to respond to an obstacle in the road or a vehicle stopping right in front of you. If you’ve been in an accident caused by someone texting and driving, you may wonder if there’s any way to prove it.

There are several ways you may be able to demonstrate that the other driver was driving negligently. Let us help you explore your options. Call Haygood, Cleveland, Pierce, Thompson & Short at 334-560-1936 to set up a consultation.

Other Eyewitnesses

You aren’t the only driver out there who is frustrated with other people’s unsafe driving. Lots of safe drivers are tired of looking around and seeing drivers texting away. If the other party was texting, you can bet that other people noticed in the moments before your accident. If another driver stops and is willing to talk to you about the liable party’s texting, you may be able to use that in your personal injury claim. Make sure you get their contact information before you leave the scene.

The Car’s Black Box

Most newer vehicles have an event data recorder. This captures information that can be very useful if an accident occurs. It may detect changes in speed, erratic speeding up or slowing down, sudden braking, drifting, or other unsafe behaviors commonly associated with texting and driving. However, accessing the information does generally require a subpoena. If more readily available evidence is accessible, your attorney may not need data from the event data recorder.

Cell Phone Provider Records

Perhaps the best piece of evidence you can have in this type of claim is the other driver’s cell phone records. They can dispute another person’s eyewitness testimony or say that the EDR data doesn’t prove that they were texting, but it is very difficult to claim that their cell phone provider has doctored their text logs. Again, this information does generally require a subpoena, so it is important to talk to your attorney.

How a Lawyer Can Help

We understand that car accident claims can be stressful for safe drivers like you. The other party may claim that they did nothing wrong, lie about being on their phone at the time of the accident, or even try to blame the crash on you.

It’s important to avoid getting into arguments at the scene of the crash because they accomplish nothing. Instead, make sure you tell the police your side of the story. Make sure you tell them everything you observed, including if the driver had a phone in their hand when you passed them at an earlier point, if they were driving erratically, or any other important observations.

From there, it’s time to talk to an attorney. You can bet that the story the other driver tells their insurance company won’t quite reflect what actually happened, and that can make it very difficult for you to get the compensation you deserve.

The team at Haygood, Cleveland, Pierce, Thompson & Short is here to fight for you. We have handled numerous cases involving reckless and negligent drivers, and we know exactly what type of evidence we need to hold them accountable.

Insurance companies won’t pay a fair settlement unless they are backed into a corner, and we are ready to do just that. Time is of the essence, though. Evidence can start disappearing and degrading right after an accident, so the sooner you contact us, the sooner we can start building your case.

Choose Haygood, Cleveland, Pierce, Thompson & Short for Your Car Accident Claim

You deserve justice after a car accident. You’re left with medical bills, a damaged or totaled vehicle, and unpaid time off of work. We’re here to make sure that the insurance company takes you seriously. Schedule a consultation with our team now. We’ll learn more about your case, come up with a plan, and get started. Just reach out online or call us at 334-560-1936.