08
Nov2018

Texting While Driving: What Injured Parties Should Know

The dangerous problem of drivers who text while driving continues to increase. In Alabama alone, statistics show that indulging in this activity makes a driver 23 times more likely to be involved in a traffic crash.

If you or someone you love has been injured in a car crash that you believe to be related to texting, this information can help answer your questions about how these accidents are processed as well as offer some possible options for your situation.

Prove That Texting Was Involved

One of the first questions you may have after being involved in a traffic accident where texting may have been a factor is how the other driver’s actions can be verified. In some instances, the other driver may voluntarily sign a statement admitting that they were texting or distracted in some way. Sworn statements from an eye witness can also be used in many situations.

If the driver is not forthcoming with this information and there were no witnesses to this behavior, a court action may be needed to obtain the proof needed.

A legal document called a subpoena can be used to force someone to testify or produce documentation for use in a trial, deposition, or some other type of hearing. In the case of a traffic accident caused by a driver who was actively texting, their cell phone service provider could be subpoenaed to provide copies of the driver’s phone records.

Understand How Fault Is Determined

While proving that texting was involved will provide evidence to help determine fault for the accident, additional proof may be needed. This proof is gathered from one or more sources, including:

  • Accident reconstruction reports, prepared either by a law enforcement officer or an independent re-constructionist
  • Witness statements, including anyone involved in the accident as well as any passersby that can be contacted
  • Vehicle inspection reports that look for any defects, recall issues, or other reasons that could have contributed to the cause of the accident
  • Official accident reports filed by the attending law enforcement agency or officer

Your vehicle’s insurance claims adjuster and your attorney can help you obtain and examine these documents and any other records needed to help you prove the other driver was texting at the time of the accident.

Decide How to Proceed 

Drivers who are injured in a car accident due to another driver’s distraction must determine whether or not they will seek legal action. Some important factors to consider in making this decision include whether the accident resulted in:

  • A loss of wages or income
  • Expenses, including medical bills
  • Pain and suffering for you or your family members
  • The extent of your injuries

In addition, you will need to factor in whether the accident will have long-term implications for your physical, mental, and financial situation.

How to Deal With an Uninsured Driver

Discovering that an at-fault driver was not covered under a valid car insurance policy at the time of the accident is an unpleasant, but all too common complication in this type of situation.

If your policy includes coverage for uninsured motorists, your vehicle’s repair costs and your medical expenses may be covered. Seeking reimbursement from the other driver through a civil suit is another possible action to consider.

If you have been injured in a traffic accident caused by a driver who was texting, legal actions are available to you to help with your losses, pain, and suffering. Our legal team at The Cochran Firm Huntsville invites you to meet with us to discuss your situation and how we can help. When you have been injured, we are on your side.