05/28/2020 Proving a Texting Driver Caused Your Accident
Distracted driving has become among the most common causes of serious accidents in New Jersey. As our technology becomes more and more a part of our lives, unfortunately it has become normal to use it while driving, even when we know this isn’t safe.
As you can imagine, accidents caused by texting and driving are certainly not uncommon, but how can you prove that someone caused an accident because they were texting? I’ll tell you more about it below, as well as when a New Jersey car accident lawyer may be able to help.
Cell Phone Records
One of the most reliable ways to show that a driver was texting at the time of your accident is to petition to have their cell phone records used as evidence in your case. To do this, working with an attorney is crucial. You will need them to subpoena the records and make the argument that the person was, in fact, texting when the accident took place.
Witnesses to the Accident
Anyone who saw the accident happen, including other drivers or pedestrians, will hopefully stop and provide statements to the police about what they saw. Someone may have noticed that the other driver was texting and will contribute this information to police. In many cases, witnesses must be subpoenaed to testify about what they saw. Again, working with a lawyer can make this process go more smoothly.
Something that people don’t always think about is whether there were nearby security cameras or other video footage of the offending texter. Police dashboard cameras, cell phones, and security surveillance cameras are all possible sources that can show the other driver was texting. If you can, find out whether any footage exists. If you work with a lawyer, they will do this.
Police Report
The police are required to complete a report after any accident, and it will include details that indicate who was responsible for the accident. If the other person, for example, admitted to the officer that they were texting while driving, it will appear in the officer’s report. Make sure to get a copy of the police report so you can give it to your lawyer. Sometimes the officer will testify in court on your behalf.
Accident Reconstruction
After an accident, lawyers often work with accident reconstruction experts to help them prove in court what caused a crash. Reconstructionists will use evidence and data from the scene such as tire tread markings, damage to vehicles, and photographs to show that the other driver was not paying attention to the road. Even if the expert cannot specifically prove that they were texting at the exact time of the crash, often showing that the driver was distracted is enough to convince a jury that the other driver should be held responsible for a victim’s injuries.
Working with a Lawyer
If you believe another driver caused your accident because they were texting and driving, Bavagnoli & Bavagnoli may be able to help. Consultations are always free. We will talk with you in detail about your case to give you a sense of the best next steps to take as well as the possible outcomes.
Get in touch today at (973) 785-9522.
