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How to Prove the Driver that Hit You Was Texting

One of the most common causes of car accidents is distracted driving. Although any distraction that takes your attention off the roadways has the potential to cause a collision, more car accidents are caused by texting and driving than other types of distracted driving.

However, it is essential to obtain the evidence you need to prove that the driver that hit you was texting if you hope to hold them accountable for their negligence and recover maximum compensation for your damages.

Is Texting While Driving Illegal in Texas?

According to the Texas Transportation Code, § 545.4251, it has been against the law to text and drive since 2017. If this is a driver’s first offense, they could face fines of up to $99. However, subsequent offenses could increase penalties to as much as $200.

In texting and driving accidents where an injury or death occurs, the driver could face additional criminal charges and penalties if the driver is convicted. Individuals who suffer injuries from a driver’s texting can also hold them accountable civilly by filing a claim with their insurance company or bringing a car accident lawsuit to trial.

How to Prove the Driver Who Hit You Was Texting

The burden of proof in car accident claims is based on a preponderance of the evidence. The evidence your car accident lawyer presents must convince the judge and jury that the defendant is more than likely at fault for causing your collision. Some types of evidence can be used to prove that a motorist was texting and driving, such as:

Phone Records

Your car accident lawyer can request access to the cell phone records of the driver that hit you. Getting a copy of these records will help demonstrate whether any phone calls or text messages were sent or received immediately before the accident.

Although you may be worried if your subpoena request will be granted, your car accident attorney should be well-versed in the claims process and how to secure access to the other driver’s cell phone records.

Security Camera Footage

If there is any surveillance footage of the accident itself, you may be able to show that the driver who hit you was texting at the time of the collision. Video and security camera footage can be obtained from smartphones, dash cams, traffic cameras, and nearby video surveillance systems at homes or businesses. Video footage showing the driver was using their cell phone at the time of the accident could be valuable evidence to support the defendant’s liability.

Witness Testimony

Witness statements can be obtained immediately after the accident if you are physically capable. If there are drivers who actively saw the driver who hit you texting or using their phone, this evidence could be used to support your case at trial.

Other drivers, passengers, motorists, and pedestrians nearby at the time of the accident may be able to provide law enforcement officials with statements and testify at your car accident trial to help build a case against the driver who hit you.

Police Reports

Although you may initially want to avoid contacting police and emergency responders, doing so is almost always in your best interests. Not only do you need to obtain a medical evaluation immediately after the accident, but when the police arrive at the scene, they will be responsible for filling out a police report.

This police report contains essential details about the accident, whether any involved parties were using their phone, and who they determine is responsible for causing the accident. If the police report details that the driver who hit you was texting, you may have a strong case against them when you file an insurance claim or pursue legal action at trial.

Accident Reconstruction

Accident reconstructionists can help prove liability in car accident cases. These are expert witnesses with the education, experience, and training needed to reconstruct how car accidents occur based on various forensic details.

Accident reconstructionist reports will be able to show how the driver who hit you was not paying attention, texting, and ultimately at fault for causing your car accident injuries and damages.

Contact a Texas Car Accident Lawyer for Help Today

When the driver who hit you was texting, there is no reason why they should not be ordered to cover your losses in full. However, getting liable parties to pay is more challenging than victims think.

Fortunately, while you heal from your injuries, the Law Giant at The Law Giant, Personal Injury & Accident Lawyers can gather the evidence needed to prove the defendant’s negligence so you can recover every loss.

Learn more about how much your case is worth when you contact our office for a free consultation. You can reach us through our online contact form or by phone at 956-277-9125 to schedule your no-cost, risk-free consultation today.

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