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How to Prove That the Other Driver Was Texting Before the Crash

According to a fact sheet provided by the National Safety Council, 26 percent of all car accidents involve cell phone use, which includes both talking on the phone and texting while driving. Sadly, this makes car crashes the number one cause of teen deaths. Of course, in many cases, many individuals, when questioned after an accident, would deny having been distracted at the time of an accident by refusing to admit cell phone usage. In light of this, how can a car accident victim prove texting and driving to win the compensation they need to recover comfortably without the defendant outright admitting to having broken the law? As this post is about to explain, there is a way—or a few.

Driver Admission

Some people are just naturally honest, or they are so disoriented by a collision that they do not think before they speak. These people will outright admit that they were texting and driving, a statement that cannot be revoked if said to a police officer or in front of several witnesses. Bear in mind that just because the other driver admits it to you does not mean that you have a slam-dunk case, as the court may not allow the statement as evidence under hearsay rules.

Police Report

Sometimes, the reporting police officer will make a preliminary assessment of fault based on witness and driver testimonies. If you saw the driver texting before the crash, tell the police officer so. Though your testimony in and of itself is not enough to be used in court, the officer may ask the other driver about your statement and, if he or she feels compelled to do so, the other driver may admit to him or her that they had been texting and driving. This type of admission is admissible in court.

Witnesses Testimony

It is not uncommon for bystanders to be more aware of what happened to cause an accident than the victims of the accidents themselves. If a witness saw the other driver texting at the time of collision and told the officer as much, his or her statement can be used to further corroborate your claim.

Cell Phone Records

Even if you do not have an admission of wrongdoing and no witness testimonies, you may still be able to prove that the other driver was texting via phone records. Of course, you must have a valid reason to have cell phone records subpoenaed, which is why it is best to have at least an admission of wrongdoing, a police statement, and/or witness testimonies.

Camera Footage

If your accident occurred at a busy intersection, you may be in luck. Most intersections have at least one camera, while others have more than that. The surveillance or traffic cams may have caught footage of the other driver using his or her cell phone right before impact, in which case, your case is pretty solid. Some other camera footage you may want to consider looking into is that from nearby parking lots, businesses, or passersby cell phones.

Hire a Rockford, IL, Car Accident Lawyer

Proving distracted driving is not always easy, but it is worth the effort when you are able to collect compensation for your damages and injuries. If you were in car accident that you believe was caused by a distracted driver, do not take chances with your case and contact the Rockford car accident attorneys at Brassfield, Krueger & Ramlow, Ltd. to schedule your free consultation today.

Published March 27, 2018
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