A driver who looks down at a phone for only a few seconds can miss a changing traffic signal, a stopped vehicle, or a pedestrian. If you were injured because another driver was texting behind the wheel, an experienced texting while driving accident lawyer can investigate what happened and determine whether you may have a claim for compensation. Harrison Davis Morrison Jones handles distracted driving and texting-while-driving accident cases and focuses on gathering evidence to establish liability.
Why Is Texting While Driving So Dangerous?
Texting while driving is a form of distracted driving because it can take a driver’s eyes off the road, hands away from the steering wheel, and attention away from driving.
A driver who reads or sends a message may not notice traffic slowing ahead or another vehicle entering an intersection. Even a short distraction can prevent a driver from reacting in time to avoid a collision.
Harrison Davis Morrison Jones identifies texting while driving as one of the most common forms of distracted driving and notes that cellphone use can contribute to serious motor vehicle accidents.
What Happens If Texting Caused the Accident?
If evidence shows that a driver was texting and that the distraction contributed to the crash, the driver may potentially be held responsible for injuries and other losses caused by the collision.
In a personal injury claim, an injured person generally needs evidence establishing that the other driver’s conduct was negligent and caused the accident and resulting damages. The exact legal requirements depend on the facts and applicable state law.
Texting records alone may not tell the entire story. An effective investigation can examine what the driver was doing immediately before the crash and whether phone use affected the driver’s ability to safely operate the vehicle.
How Can You Prove the Driver Was Texting?
Proving cellphone use after an accident can require several sources of evidence. Depending on the circumstances, potentially useful evidence may include:
- Cellphone records
- Text message records
- Police accident reports
- Witness statements
- Surveillance footage
- Traffic-camera footage
- Vehicle dashcam footage
- Statements made by the driver
- Social media activity
- Photographs from the accident scene
- Accident reconstruction evidence
Phone records may help establish when a message was sent or received. However, investigators may need to compare those records with the exact timing of the collision.
Witnesses can also be important. Someone who saw the driver looking down at a phone immediately before the crash may provide information that supports the claim.
Can Cellphone Records Prove Texting Caused the Crash?
Potentially. Cellphone records can provide information about calls, texts, and other activity occurring around the time of an accident.
However, evidence of cellphone use does not automatically prove that the driver caused the collision. The investigation still needs to consider the location, timing, road conditions, traffic patterns, vehicle movements, and other circumstances.
For example, if a text was sent seconds before a driver crossed into another lane and struck another vehicle, the timing may become significant evidence. An attorney and accident reconstruction expert may examine the available information to determine whether the driver’s distraction contributed to the collision.
What If the Driver Denies Using a Phone?
A driver may deny texting or claim the phone was not being used when the accident occurred. A denial does not necessarily end the investigation.
Other evidence may contradict the driver’s statement. Investigators can potentially examine cellphone records, witness accounts, surveillance video, vehicle data, and statements made at the accident scene.
Harrison Davis Morrison Jones emphasizes the importance of diligently searching for evidence in motor vehicle accident claims. The firm’s motor vehicle practice includes car accidents, distracted driving, texting while driving, truck accidents, motorcycle accidents, and other collision cases.
What Damages Can You Recover After a Texting Accident?
If another driver’s negligence caused your injuries, compensation may potentially cover different categories of losses depending on the facts and applicable law.
Potential damages may include:
- Emergency medical expenses
- Hospital and treatment costs
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Physical pain
- Emotional distress
- Permanent disability or impairment
- Other accident-related losses
Serious distracted driving crashes can result in long-term consequences. Harrison Davis notes that victims may face medical bills, vehicle repair expenses, and time away from work following distracted driving accidents.
What Evidence Should You Preserve After the Crash?
Preserving evidence can be important because information may become more difficult to obtain as time passes.
Keep copies of your:
- Accident report
- Medical records
- Medical bills
- Insurance correspondence
- Vehicle repair estimates
- Photographs and videos
- Witness contact information
- Communications related to the accident
If your vehicle was damaged, avoid disposing of it or making unnecessary repairs before the relevant evidence has been documented.
Harrison Davis Morrison Jones specifically advises accident victims to preserve evidence, including damaged vehicles and personal property, because physical evidence may help establish what happened.
What If the Insurance Company Contacts You?
An insurance company may contact you soon after an accident. You should be careful about giving recorded statements or accepting a settlement before you understand the extent of your injuries and potential claim.
Insurance adjusters may ask questions about how the collision occurred, your injuries, or other circumstances surrounding the accident. Harrison Davis advises accident victims to be cautious about communications with claims adjusters and other parties following an accident.
If you have questions about a potential claim, consider speaking with an attorney before making statements that could later be used in connection with the case.
How Can a Lawyer Help Prove a Texting Accident?
A distracted driving case may require more than simply showing that the other driver owned or used a cellphone. An attorney can investigate whether the phone was being used at the relevant time and whether that use contributed to the collision.
Depending on the circumstances, an investigation may involve obtaining cellphone records, identifying witnesses, reviewing surveillance footage, examining accident reports, and consulting accident reconstruction professionals.
Harrison Davis Morrison Jones describes its motor vehicle accident practice as focused on diligently searching for evidence that can strengthen an accident claim. Its attorneys handle texting-while-driving and distracted driving cases throughout Texas.
If you were injured by a driver who was texting, documenting the accident and preserving relevant evidence early may help establish what happened and who was responsible.
Frequently Asked Questions
1. Can I sue a driver who was texting when the accident happened?
Potentially. If the driver’s texting contributed to the collision and caused your injuries or losses, you may have grounds for a personal injury claim. The specific requirements depend on the circumstances and applicable law.
2. How do you prove someone was texting while driving?
Evidence can include cellphone records, witness testimony, surveillance footage, police reports, driver statements, and other evidence showing that the driver was using a phone around the time of the crash.
3. What if the driver deleted the text messages?
Deleted messages do not necessarily mean that all evidence of phone activity is gone. Depending on the circumstances, other records or evidence may help establish cellphone use, including carrier records, witness statements, surveillance footage, or other available information.
4. Can I recover compensation for medical bills after a texting accident?
Potentially. Depending on the facts and applicable law, an injured person may seek compensation for medical expenses and other accident-related losses, including lost income, pain and suffering, and future care.
5. Should I speak with the other driver’s insurance company?
You should be cautious when discussing the accident with an insurance company. Before providing a recorded statement or accepting a settlement, consider getting legal advice so you understand your rights and the potential value of your claim.