Proving the Other Driver Was Texting in an Auto Accident

The roads are filled with billboards telling drivers that no text is worth their life, that their message can wait, and that distracted driving is against the law. Despite this, drivers continue to text and drive at an alarming rate. Taking your eyes off the road for even a moment can have disastrous consequences, and if you’ve been the victim of a distracted driving accident, you know how dangerous this habit is.

Wondering how you can prove that the other driver in your crash was texting and driving? Let’s talk more about your car accident and how we can help. Call Hedge Copeland at 251-432-8844 to set up a consultation right away.

How Proof of Texting Can Help Your Claim

In Alabama, it’s against the law to write, send, or read texts while you’re driving. Proof that a driver was engaging in illegal behavior at the time of an accident can go a long way in proving liability. Insurance companies use a wide range of evidence to make their decisions, and citations from the police—including those for texting and driving—are a useful tool. Without clear proof that someone drove negligently, it can be challenging to get the settlement you deserve.

If you’re certain that the other driver was texting instead of paying attention to the road, there are several types of evidence you might use to support your claim.

Phone Records

Of course, phone records from the driver’s cell phone provider are the gold standard in this type of claim. With this, you have undeniable proof that the driver was negligent. Getting your hands on phone records may not always be possible, though, as you need to subpoena the records. Otherwise, the company will refuse to hand them over. If your attorney is able to prove their case in other ways, they may go that route instead.

Eyewitness Testimony

For some accident victims, the crash isn’t their first contact with the negligent driver. Perhaps you passed the driver earlier and saw them looking down and smiling at their phone. Maybe they were drifting across lanes and almost hit you when they passed you before the crash. If so, you can tell the police officer when they report to the scene of the accident. While they may not be able to prove that the driver was texting, they can include the information on their report.

On the same note, other drivers likely saw the texting driver’s behavior. People tend to have strong feelings about distracted driving, so they may stop and provide their eyewitness testimony if they see a reckless driver in an accident. If this happens, make sure you get the eyewitness’s contact information before you leave the scene of the crash.

Driver Confession

While it’s rare to get this lucky, some drivers come out and admit to texting on their phones. Whether it’s because they don’t know it’s illegal or just the shock of the accident, drivers might say “I just looked down for a second to read a text” or “I’m so sorry, I was just typing for one second and I must have swerved out of my lane.” If this happens, make sure it’s included in the police report. A confession of illegal and negligent behavior can make your accident claim much easier.

Other Signs of Distracted Driving

Did you notice anything else indicating that the driver was texting? Anything that points at distracted driving could be enough to get your suspicions included in the police report.

For example, if the other driver was drifting in and out of their lane, speeding up and slowing down with no rhyme or reason, or running through stop signs or traffic lights, chances are good that something was distracting them. Even if you can’t prove that they were texting, just proving that they were too distracted to drive safely could be enough for your personal injury claim.

Choose Hedge Copeland for Your Car Accident Claim

The team at Hedge Copeland is here to help you pursue fair compensation after your car accident. Drivers who text shouldn’t get to walk away from the accidents they cause without consequences. With a strong personal injury attorney in Mobile on your side, you can fight for the money you deserve. Call us at 251-432-8844 or contact us online