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Proving the Other Driver was Texting in an Accident

It's against the law in Texas to text and drive

Texting While Driving a Crime?

Increasingly, texting while driving has become a crime in most states.

Yet, people continue to habitually text 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 results can and often are deadly.

While this extremely dangerous practice is against the law in Texas and most states, 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 you injury is difficult to prove.

However, it’s not impossible.

If eyewitnesses or police officers aren’t on the scene of the accident, hiring an attorney is the wise next move if you suspect the at-fault driver was texting at the time of the accident.

Consulting or hiring a personal injury attorney to protect your rights and interests is always the best practice in all accidents. Still, it’s especially important when you suspect texting while driving was involved in an accident.

Attorneys May Get Cell Phone Records

An attorney can obtain a subpoena of the driver’s phone record, which will come with a timestamp of all calls and text messages on the party’s phone.

Always remember that if you have been hurt or injured in a car accident caused by another driver, you must obtain any evidence to help you prove your case. That means gathering eyewitness statements and accident reports, and maybe most important is obtaining cell phone records. Your right is to request and review evidence proving the person was texting while driving.

The latter may be hard to obtain 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.

Cell Phone Records Can Prove More Than Just Texting at the Time of the Crash

Defense attorneys usually fight to keep secret cell phone records. The reason is that an experienced personal injury attorney in Houston may be able to prove other distractions that contributed to the other driver’s negligence. Smartphones are now used for directions, news, games, and many other uses that take a driver’s eyes off the road.

A careful study of the data records in some instances can show cell phone use, other than texting around the time of your accident. Such evidence can be used to prove negligence.

Statements Made by the Other Driver Can Help

After a car collision, one driver may say something helpful to prove fault. This can be something as simple as “I am sorry I was not looking.” Or “I was on the phone and not paying attention.”

If the other driver made a similar comment to you, that generally is an admission that you can repeat at trial to show the other driver’s conduct as an admission against interest or present sense impression.

Texting and Driving Illegal in Texas

It’s against the law to text and drive in the majority of the states in the country. Texas became the 47th state to ban texting and driving when House Bill 62 became law on September 1, 2017.

Still, law enforcement in this state and all others has been slow to crack down on texting while driving. Nearly 30 percent of all car accidents in Texas involve someone texting or talking on their cell phones while driving.  Texting while driving increases your chances of having an accident significantly. The real dangers of texting and driving are shocking. Texting is just a form of distracted driving.

Texting and Driving a Big Problem

In this country, over 1,000 people are injured daily because of distracted drivers. The National Traffic Safety Administration says texting and driving can be more dangerous than driving with a .08 BAC. We all know how dangerous a drunk driver can be.

Contact an Experienced Attorney to Discuss the Other Driver’s Cell Phone Use

If you were hurt in an accident with a texting driver call an auto accident attorney in Houston for a free consultation. Our law firm has been holding negligent drivers responsible for over three decades!  Call for a free case review.

(281) 587-1111

 

Greg Baumgartner

attorney greg baumgartner

Greg Baumgartner has practiced personal injury law since 1984. He holds not one but two law degrees and is a graduate of Trial Lawyers College. He is licensed in Texas and Colorado. Mr. Baumgartner has earned a reputation for exemplary results for his clients. And has been preeminent rated for decades and recognized by Top 100 Trial Lawyers, Super Lawyers, Expertise, Newsweek, Houstonia magazine, and many others. He has given educational talks to lawyers and many media interviews regarding personal injury cases.