The most common causes of car accidents are; speeding,drunk driving and distracted driving. The latter can be divided into three categories; cognitive,manual and visual. While there are many things that can distract a driver,texting is the most serious. This is because texting distracts the driver visually,manually and cognitively. After all,the driver has to use one or both hands to type the message. They also have to look at the screen. Obviously,they must think about what they are going to type,which is a form of cognitive distraction.
If you are involved in an accident that is caused by this type of distracted driving,you can file a lawsuit in court. The court will grant you the compensation and damages you are claiming if you manage to prove that the at-fault driver was texting at the time of the accident. To boost your chances of winning,you have to hire a- with a high success rate with similar cases. Read on to learn more about suing for a car accident caused by texting.
How to Prove a Driver Was Texting
There are two things that you will need to prove to the court that the at-fault driver was texting at the time of the accident. The first is the phone of that driver. The second is phone records from the driver’s carrier. Your -can subpoena the carrier for the phone records showing the texts sent or received around the time of the crash. The lawyer will also subpoena the at-fault driver to submit their phone for expert analysis to show any texts that have been marked read or unread. If this is not possible,your attorney can obtain CCTV and ATM camera footage around the accident scene as well as produce witnesses who saw the at-fault driver texting just before the accident.