In many states, texting while you are operating a motor vehicle is not only illegal but a crime too. Even though there are rules set in place warning against it, using a phone or texting while driving is something that many people still choose to do, regardless of the risk.
Some may not believe that any harm will come of a quick glance at the phone screen or a quick text reply. However, it’s a belief that does not stand up to the hard truth of reality. Within the course of five seconds of motion, your vehicle can cover several yards. Whether you fail to notice the car in front of you stopping or drift towards the side or center of the road, just a few seconds of averted focus can result in an accident that causes injury or even turns deadly.
It is always better to be the person that chooses not to practice distracted driving than to be the guilty party texting. When an accident happens involving texting, it can be one of the toughest cases to prove, even if the driver was negligent. While a DUI or OUI can usually be detected through tests, smell, or other ways, texting while at the time driving is obviously more difficult to actually prove, although not impossible.
There may be witnesses on the scene that see the accident or there may not be. Regardless, making the choice to hire an auto accident attorney should be your next move, particularly if you believe the other driver was texting during or prior to the accident. Consulting an attorney will help you protect your own interests and is important if you think texting was involved.
A lawyer may be able to help you get the phone record of the driver through a subpoena. This would give proof of a time stamp regarding any text messages or calls on the cell phone of that person. If you or people in the vehicle with you were injured as a result of an accident caused by a different driver, this may be crucial evidence.
Be sure to hold onto any other evidence or records that can help you with a case. This includes eyewitness statements, any accident reports, any medical evaluations, and even requesting to review evidence helpful to proving your case.
Getting a subpoena or written discovery demanding records of the cell phone is often easier for attorneys or lawyers. They know what they’re doing. The majority of states in America have laws against texting and driving.
While law enforcement has attempted to enforce these laws, they can’t be everywhere at once. A significant percentage of auto accidents remain caused by distracted driving or use of a phone nationally. The fact remains that using a phone while operating a motor vehicle increase the chances that you’ll get into an accident.
Distracted drivers cause accidents that injure hundreds of people in the U.S. every single day. Do your part and avoid using your phone or becoming distracted while operating a motor vehicle.