How to Prove Texting While Driving
Texting while driving is a crime in Florida. But, how do you prove that the other driver was texting at the time of your accident? Personal injury attorneys have many options at their disposal for proving the other driver was distracted – and at fault.
If yoususpect the other driver was texting while driving, tell your personal injury attorney right away. Your attorney will have at least one of three ways to prove to the courts that the other driver was distracted.
Pulling Cell Phone Records
The easiest way to prove the other driver was texting behind the wheel is by pulling cell phone records. To get those records your attorney will have to request a subpoena from the court. In the event the driver is being also charged with criminal violations, your attorney may be able to get those records from the prosecutor. All it takes is a subpoena from the wireless phone provider to assess when text messages were read and sent, and to see if there is an overlap with the time of the accident.
Witness Statements
If a witness (whether in the car or not) saw the other driver texting or using their cell phone at the time of the accident, your attorney will use those statements as part of your case or as a way to obtain cell phone records for the other driver. While witnesses are unreliable, a witness that did see the other driver texting is still a valuable piece of evidence in your case.
Using Police Officer Testimony
The crash does not have to be fatal to get the police involved. Even a minor fender bender should have a police report. If the police suspected that the other driver was texting while driving, they may subpoena cell phone records. But, in other cases, the police officer’s testimony may be all you need. For example, the individual who caused the crash admitted they were texting while driving or the police have already ticketed and arrested the driver for texting behind the wheel.
Hire a Skilled Car Accident Attorney
Just because you suspect the other person was texting and driving does not mean you have a case. You need solid evidence against that party – and an even more solid attorney. Contact Leifer Law Firm today for a free case evaluation. We can assess the situation, pull police records and help prove that the other driver was not only negligent, but guilty of distracted driving.
Call us now to schedule your free consultation at 561-395-8055
If yoususpect the other driver was texting while driving, tell your personal injury attorney right away. Your attorney will have at least one of three ways to prove to the courts that the other driver was distracted.
Pulling Cell Phone Records
The easiest way to prove the other driver was texting behind the wheel is by pulling cell phone records. To get those records your attorney will have to request a subpoena from the court. In the event the driver is being also charged with criminal violations, your attorney may be able to get those records from the prosecutor. All it takes is a subpoena from the wireless phone provider to assess when text messages were read and sent, and to see if there is an overlap with the time of the accident.
Witness Statements
If a witness (whether in the car or not) saw the other driver texting or using their cell phone at the time of the accident, your attorney will use those statements as part of your case or as a way to obtain cell phone records for the other driver. While witnesses are unreliable, a witness that did see the other driver texting is still a valuable piece of evidence in your case.
Using Police Officer Testimony
The crash does not have to be fatal to get the police involved. Even a minor fender bender should have a police report. If the police suspected that the other driver was texting while driving, they may subpoena cell phone records. But, in other cases, the police officer’s testimony may be all you need. For example, the individual who caused the crash admitted they were texting while driving or the police have already ticketed and arrested the driver for texting behind the wheel.
Hire a Skilled Car Accident Attorney
Just because you suspect the other person was texting and driving does not mean you have a case. You need solid evidence against that party – and an even more solid attorney. Contact Leifer Law Firm today for a free case evaluation. We can assess the situation, pull police records and help prove that the other driver was not only negligent, but guilty of distracted driving.
Call us now to schedule your free consultation at 561-395-8055