How Do You Prove That the Driver Who Caused Your Accident Was Distracted?
by Amber Cortez | April 19th, 2021 | Auto Accident, Driving Tips, Legal Representation
A vehicle is a piece of heavy machinery that requires a driver’s total attention, and in recent years, distracted driving has become increasingly concerning. When involved in a car accident, it’s important to try to uncover the cause, and in many instances, a distracted driver may be to blame.
A trusted and respected McAllen car accident attorney can help your case by gathering evidence to prove whether a distracted driver is responsible, and present findings to the court in order to secure damages for your pain and suffering.
Understanding Distracted Driving
In Texas, a study found that almost 10% of drivers on the road are on their phones at any given moment. It’s estimated that one in four crashes are a result of distracted driving.
Distracted driving can include any of the following:
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- Posting to social media
- Grooming (brushing hair, putting on makeup, etc.)
- Eating
- Checking email
- Reading
- Using a navigation system
- Watching a video
- Adjusting music players
Proving Your Accident Was a Result of a Distracted Driver
One of the easiest ways to prove whether a driver was using a cell phone at the time of a crash is through phone records. In order to obtain those records, a subpoena will be issued, and a car accident attorney will be the one to handle this step in the process.
In order for phone records to be subpoenaed, a claim must be filed. During discovery, it is the role of the accident injury attorney to request the negligent driver’s phone records, which can be requested via the driver’s insurance company.
While an insurance company can submit these records voluntarily to the attorney, it’s more common for an attorney to obtain them through a subpoena. Once obtained, the attorney can begin the process of reviewing the call log to determine if and when a text or call was made leading up to the accident.
Are Negligent Drivers Liable If They’re Found To Have Been Texting and Driving?
In Texas, an individual found to have engaged in an activity that demonstrates negligence is held liable for their actions. In personal injury cases, if texting and driving can be proven, the negligent driver can be held responsible for compensation made to the victim(s) for damages.
Damages can include:
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- Medical bills
- Pain and suffering
- Lost wages
- Physical impairment
- Emotional distress
- Property damages
Because an insurance company is a for-profit business, many will attempt to blame the injured victim for the accident. The insurance company will err on the side of the negligent driver because typically the victim’s best interest is not their primary pursuit.
Top Injury Attorney In McAllen Helps Distracted Driving Accident Victims
If you’ve been involved in a car accident where a distracted driver was to blame, you need a respected and experienced McAllen car accident attorney to help you obtain compensation for your pain and suffering.
The Rio Grande Valley’s “Top Lawyer” at J.Gonzalez Injury Attorneys is dedicated to helping personal injury victims seek the financial recovery they need to begin the healing process.
