How to Prove Negligence in a Distracted Driving Lawsuit
Distracted driving is a significant source of motor vehicle crashes and injuries both in Texas and throughout the country. According to the Centers for Disease Control and Prevention (CDC), there are more than 3,100 deaths and 424,000 nonfatal injuries every year due to distracted driving, and many researchers believe that the numbers are underreported. Unlike intoxicated driving, there is not an easy way to administer a test to determine whether a driver was recently texting while driving or attempting to placate a child in the backseat when a collision occurred. There are, however, many other ways of proving that a motorist was distracted and caused a crash.
In order to win a personal injury lawsuit in Texas arising out of a motor vehicle accident, you will need to prove that the driver you are suing was negligent. Negligence means failing to drive or to behave as a reasonably safe person would under the same circumstances, and it is understood that distracted driving is a form of negligence. How can you prove that the other driver was distracted and therefore liable for your injuries? Consider some of the following common forms of evidence used in distracted driving claims.
Phone Data and Carrier Records
One of the best ways to prove distracted driving, especially when it resulted from unlawful use of a phone, is to obtain cell phone data and records from the cellular carrier. Your Texas personal injury lawyer can discuss options for obtaining these records, including through a subpoena. Once you obtain cell phone information, it can be easy to show that a motorist was composing and sent, or received, a text at the time of the crash, or that the motorist was on a phone call without having the means for a hands-free call.
While specific cell phone laws depend on the Texas city, texting while driving is unlawful, and in many places in Texas, it is unlawful to use a cell phone in any capacity, according to the Texas Department of Transportation.
Witness Statements and Testimony
It is also important to remember that distracted driving crashes can have many causes beyond cell phone use. A motorist might be attempting to reach for an object in the passenger seat or back seat, or trying to eat while driving, for example. In distracted driving collisions involving cell phones and other distractions that have nothing to do with electronic communication, witness statements are often extremely useful. Another motorist might have seen the at-fault driver swerving on the road, or they might have witnessed that driver actually reaching into the back seat and taking their eyes off the road.
Contact a Texas Car Accident Injury Lawyer for Help
If you were injured in a motor vehicle collision caused by a distracted driver, it is important to hold that motorist accountable. Distracted driving can result in serious and fatal injuries in Texas traffic collisions, and any driver who was distracted behind the wheel may be liable for injuries. As we explained above, there are often multiple ways that you can prove negligence in a distracted driving crash. An experienced Texas car accident attorney at John Reed, Attorney at Law can help you to seek the evidence you need to prove that the other driver was at fault and to seek the compensation you need. Contact us to learn more about how we can assist you with your personal injury lawsuit.
Sources:
cdc.gov/distracted-driving/about/index.html
txdot.gov/safety/driving-laws/texting-cellphone-laws.html
