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Can I Find Out if the Driver Who Hit Me Was Texting and Driving?

Posted on August 23, 2016 Car Accidents

Texting and driving is responsible for thousands of accidents and injuries each year. A person who is texting and driving will likely be at majority fault for a car accident. Since Texas has a texting and driving ban, a driver who violates this law will be civilly liable for any damages that result. If you sustained injuries in an accident and suspect another driver was texting at the time it occurred, proof of this may seem impossible to obtain. Fortunately, you can find out if a driver was texting at the time of an accident, but it usually requires the assistance of a personal injury attorney. Discuss your case with one of our attorneys for help discovering whether the other party was texting at the time of your accident.

Eyewitness Accounts

When you sustain injuries in an accident, a police officer will report to the scene and gather evidence about the crash. This includes forensics evidence such as photographs of skid marks and other damage, but also talking to witnesses who saw the accident. If a police officer finds eyewitnesses who say another driver was texting at the time of your accident, it will become a matter of police record. Insurance companies use police records to determine fault in an accident, and an eyewitness account could be invaluable in establishing a driver was texting at the time of the accident.

Phone Records

distracted driving is negligent drivingWhat if there were no eyewitnesses to a car accident? In this case, determining that a driver was texting at the time of an accident could become a matter of “he said, she said” – unless you have the assistance of an attorney. A car accident lawyer can help you determine if a driver was texting after all, by ordering a subpoena of phone records at the time of the crash. If the records indicate that a driver sent text messages in the moments leading up to the crash, it may be enough to establish fault for an accident.
You can find out if a driver was texting during a process called discovery. During this formal legal process, your personal injury attorney will investigate your claims and gather evidence on your behalf. If a phone company fails to provide phone records around the time of the crash voluntarily, this is when your attorney will formally file the subpoena, which compels the phone company to comply with the legal investigation.

Why You Need an Attorney

Phone companies will likely not provide another person’s phone records to you, even if you were involved in a crash. A personal injury attorney, on the other hand, has more clout and will go through the legal steps necessary to obtain another driver’s records and establish liability. This will go a long way in determining fault in an accident and will ultimately determine your settlement amount.
A personal injury attorney will represent your interests following a texting and driving accident, unlike some insurance companies. These entities want to pay out as little on your claim as possible and will not advocate for you the way a personal injury attorney can. A personal injury attorney also works on a contingency-fee basis, which means you won’t owe any fees unless you win a settlement or court judgment. A lawyer will investigate your claim and handle all the subpoenas and legal proceedings at no cost to you unless you win a monetary award.
Proving another driver was texting and driving at the time of a crash can be difficult. However, with an attorney by your side, you can establish fault in a car accident. By subpoenaing phone records and gathering eyewitness testimony following a crash, you can effectively determine who is at fault for your injuries and hold that party accountable.