How to Prove That the At-Fault Driver Was Texting
Vehicle collisions are brought about by a variety of different causes, but most of them have to do with human negligence. For instance, auto wrecks can be caused by drunk drivers, red light runners, speeders, and those driving while distracted.
When someone else caused your crash because they were being negligent or reckless, you have the right under Florida law to file an injury claim against them. Filing a claim does require proving that the other party was being negligent, though.
How do you prove that another party was being negligent? If you were hurt in a crash and you believe distracted driving was the main cause, how can you prove that the driver was texting or otherwise using their phone?
Proving Distracted Driving in Vehicle Crash Cases
It’s not always apparent right away what caused your crash, but you may be able to piece things together. Once you learn that the driver might have been texting while driving, causing your collision and injuries, you will need to figure out how to obtain evidence that proves your suspicions.
It will be difficult for you to obtain that evidence on your own, so most people choose to hire a car accident lawyer to help them investigate the accident and collect evidence. Here are some of the pieces of evidence that could be used to prove driver distraction or cell phone use while driving.
- Police report or accident report in which the driver admits to texting while driving
- Phone records that indicate a text message was sent or a phone call was made at the time of the collision
- Witnesses who can testify that they saw the driver holding a phone and/or looking at a phone while driving
- Witnesses who can testify that the driver admitted to using their phone, causing the collision
The above are just a few examples of evidence that could be used to show driver distraction. Your auto accident case is unique, and your attorney will need to investigate the particulars to see what evidence is available in your situation.
Damages for a Vehicle Crash Caused By a Distracted Driver
Following a vehicle crash caused by distracted driving, you are likely looking at serious injuries and damages. Your injury itself can cause you pain and suffering, and you may not be able to work or enjoy the activities you usually engage in. You may be dealing with financial expenses, too, such as medical bills and costs of physical therapy treatment.
Your accident may be causing you to suffer emotionally and mentally, and for those who’ve been seriously injured, lives can be destroyed.
However, you can be compensated for all of the losses a distracted driver forced upon you.
Call a Vehicle Crash Lawyer Near You
In order to file an injury claim, prove distracted driving, and receive the compensation you’re owed, work with an attorney from our firm. A free case review can be yours when you dial Lopez & Humphries, PA directly at 863-709-8500 or when you fill out and send over the internet submission form below.