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How to Prove the Other Driver Was Texting While Driving During a Crash


Distracted drivers have been a contributing cause to motor vehicle accidents since cars came into existence over one hundred years ago. Only a brief lapse in a driver’s attention can result in an accident resulting in severe injuries or even death. In the past, the main distractions may have included lighting a cigarette or changing the radio station. Today, the main culprit is texting while driving. As a driver, an awareness of your surroundings is essential if you want to have uneventful driving experiences. Unfortunately, regardless of how attentive you are, if the other driver is busy texting while driving, a serious accident may be unavoidable.

Texting While Driving

The state of Texas banned texting and driving in 2017. This means that drivers who ignore the law and continue to text and drive are willfully negligent and are legally responsible for injuries and other damages that result from their negligence.

Of course, many drivers who are involved in a motor vehicle accident due to their texting while driving may not admit to doing so. If that is the case, is there any way you can prove that they were texting while driving, and therefore legally liable for the accident? Fortunately, the answer to that question is yes. To do so will require the assistance of a lawyer who is an expert in that area of the law. If you are involved in a distracted driving accident due to the other driver texting while driving, you should contact a lawyer who is a distracted driving expert.

The Aftermath of a Distracted Driving Accident

At the time of the distracted driving accident, you should make the authorities present at the scene aware that you believe the other driver was texting at the time of the accident. Also, you should take pictures at the scene that you think might be important, including, if possible, a picture of the other driver’s cell phone. Witnesses are also important. A witness may have noted the driver texting or otherwise looking distracted just prior to the accident.

Distracted Driving in Texas

The help that can be provided by a distracted driving attorney does not stop there. Your accident lawyer can legally obtain a copy of the cell phone records of the other driver by getting a subpoena from the court, which will compel them to release the records. Having cell phone records showing that the other driver was on a call at the time of the accident will go a long way to winning your case for damages. In addition to getting compensated for the damage to your vehicle and being compensated for your medical bills, damages can include compensation for lost wages and the pain and suffering caused by the accident.

Distracted Driving Lawyer Texas

If you have been injured in a distracted driving accident involving texting while driving, contact the Thomas J. Henry Law firm, one of the largest personal injury law firms in Texas. Thomas J. Henry has the experience, the expertise, and determination to get their clients the large settlements and verdicts they deserve. Call Thomas J. Henry today at 361-221-5053.

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info@tjhlaw.com

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