Proving The Other Driver Was Texting in An Auto Accident
Everyone on the road faces some amount of risk because of the rampant practice of texting and driving. When you are injured in a distracted driving accident, you would need to prove the other driver was being negligent by texting and driving if you want to seek compensation for your injuries and losses.
Kentucky courts give victims the legal recourse to obtain compensation for their injuries if they can prove negligence. You should hire an experienced and resourceful car accident attorney to gather enough evidence about the other party’s distracted driving in order to obtain your rightful damages.
Phone Records of the Negligent Driver are Required
The most effective way of proving the other driver was texting when the accident took place is by requesting the negligent motorist’s phone records. It’s critical to know that majority of drivers don’t provide this information voluntarily. You would need to hire an attorney that can help with this process.
Your attorney will be able to file a lawsuit against the responsible driver. They can request other pertinent information as part of the ‘discovery’ process. Attorneys can request certain information that the defendant is required to provide under oath during the discovery process. The attorney will be able to request information from phone companies and other third parties as well.
There is valuable information in phone records that can help in supporting claims of distracted driving. This includes the time stamp of text messages and calls. The records will include all phone numbers that were contacted by the defendant. These people can then be subpoenaed for the purpose of testifying regarding the messages they sent or received from the defendant at the time of the accident.
Cell Phone Records Can Prove Other Distractions
There is a reason that defense attorneys fight to keep cell phone records a secret. Capable attorneys can use the records for proving other types of distractions that may have contributed to the accident. Smartphones are now used for news, games, and directions among so many other things that can make a driver take their eyes off the road momentarily.
Careful study of the phone records (data) can show other distractions around the time of the accident. This type of evidence can be used for proving negligence as well.
Eyewitness Testimony
Another way of proving that the driver was texting while driving is to speak with eyewitnesses at the accident site. Someone may have seen the negligent driver use their cellphones. It could have been to review social media posts or type a message to someone.
Police reports can be checked for mention of such activity. Seasoned and reliable personal injury attorneys can conduct an investigation for determining the various factors that contributed to the accident, such as driving while texting and other distractions.
Driver Statements Can Help
There are many things a driver says following a car collision. You can easily prove fault if the driver admitted to using the phone. Simple statements such as, “I was on the phone and not looking at the road” or “I am sorry I wasn’t looking” can be used for proving fault.
You can repeat such statements in court during a trial to show the conduct of the other driver. There is a high likelihood that the driver may have said something similar in front of the police, paramedics or passers-by.
Compensation in Kentucky Car Accidents
Severe injuries are caused by texting and driving accidents because most drivers are unaware of sudden hazards and are unable to brake in time for preventing a collision. Accidents may occur at high speeds resulting in catastrophic injuries. This includes fractures, whiplash, spinal injuries, and traumatic brain injuries.
You have the right to pursue recovery for the following medical expenses:
- Emergency room
- Urgent care treatment costs
- Cost of doctor visits
- Rehabilitation costs
- Crutches and other medical devices
- Prescription medication costs
You can pursue compensation for replacing your vehicle at fair market value or for repairs. Victims can seek compensation for lost wages if they missed time from work or were unable to return to work because of the accident. Other types of compensation that you can obtain include mental anguish, pain and suffering, and emotional damage.
Steps to Take after a Distracted Driving Car Accident
It is vital that you take photographs of all vehicles involved. You should include different shots and take pictures from various angles to pinpoint the cause of the accident. Don’t leave the accident scene or move your vehicle. Call the police and tell them exactly what happened.
The police may write a citation against the other driver. This can be helpful if the case goes to trial. It is important that you seek immediate medical care without any delay. Follow all medication schedules and doctor’s orders.
Talk to a Kentucky Car Accident Attorney Today
You can hold a distracted driver accountable if they caused an accident that injured you or a loved one. The distracted driving accident attorneys at John H. Ruby & Associates can help ensure that the negligent driver and their insurance company pay for their recklessness. To schedule your free consultation with our lawyers, call us at (502) 895-2626 or fill out this online contact form.