The U.S. Department of Transportation reports that 660,000 drivers are distracted by cell phones and electronic devices while driving. Distracted driving can lead to injuries and fatal accidents.
Unfortunately, the case can be hard to prove if you’ve suffered injuries or lost a loved one due to a distracted driver. You need the assistance of a skilled San Antonio personal injury lawyer to present a strong case.
How Do Attorneys Prove Texting While Driving Cases?
In most distracted driving cases, the easiest way to prove negligence, like texting while driving, is through the driver’s admission of fault. However, this is usually unlikely to happen. A San Antonio auto accident attorney comes in handy to employ other strategies to prove that the other driver was texting at the time of the accident, like subpoenaing the driver’s phone records.
Access Phone Records
An attorney can obtain records from the other driver’s phone company. Doing so will allow you to see if that person was receiving, sending, or using the phone when the accident happened. Your lawyer will obtain a subpoena from the wireless phone provider to establish when text messages were read and sent. It’ll also help show an overlap with the time of the accident.
Traffic cameras are also helpful as they capture the moment a driver was distracted by looking at their phone. This data is crucial in establishing a correlation between phone use and the accident.
Eyewitnesses can be bystanders who saw the accident happen, pedestrians, or other drivers. They should provide their statements to the police officers at the accident scene as soon as possible. Under specific circumstances, the witnesses may need to be subpoenaed to give their testimony about the other driver’s texting behavior while driving.
Accident Reconstruction Evidence
An accident reconstruction expert can reconstruct the accident to help you understand what happened at the scene. With proper accident reconstruction, they can prove that the only explanation the driver was inattentive on the road was because they were texting while driving.
Accident reconstruction isn’t something that may be useful in every case and can only be conducted by an expert. That’s why it’s essential to weigh if it’s a viable option with the help of your auto accident lawyer in San Antonio.
Security Feed and Video Footage Evidence
Depending on where the accident happened, you could have video footage from a police dash camera, a security surveillance camera at an intersection, or a cell phone. There’s also the likelihood that other drivers recorded the incident.
Your personal injury lawyer in San Antonio can obtain all these recordings and present them as evidence to prove negligence. The attorney may request footage from the owners of the relevant cameras to establish if it captures all the necessary evidence.
In trying to prove distracted driving while filing a lawsuit, it can be beneficial to have a police report where an officer states explicitly that the other driver acted negligently and was at fault. The police reports must be completed immediately after the accident.
The report should capture details about the case’s circumstances to prove negligence. Your auto accident lawyer in San Antonio may also convince the officer to provide testimony on your behalf.
The Distracted Driver’s Vehicle Data
Most of the newer vehicles feature in-built high-tech computer equipment. They can provide digital records if the driver was adjusting the navigation system, radio, or handling other electronic devices at the time of the accident.
The same data can also be crucial in providing proof of speed, improper maintenance, failure to wear a seatbelt, or other safety violations that contribute to an accident.
What are the Texting While Driving Laws in San Antonio
For many years, distracted driving laws in Texas have focused on the consequences of cell phone use on the road. They emphasize specific circumstances such as motorists under 18, school zones, and drivers of some unique vehicles. As of January 1, 2015, the State of Texas officially banned the use of cell phones while driving, and San Antonio is no exception.
In San Antonio, the distracted driving law is known as the “Hands-Free Ordinance” and was initially enacted in 2014. It forbids using hand-held devices to text, call, or engage in any use while behind the wheel. If a driver is convicted of this offense, they can be fined or ticketed on site.
In San Antonio, perpetual vigilance and awareness, or the concept of defensive driving, is the number one method of preventing car collisions. Distracted driving can lead to injury and damages in various forms as fatigued driving, drunk driving, and inclement weather.
How Can a Lawyer Help Me in My Distracted Driving Case?
When drivers are oblivious of their surroundings, they cannot react swiftly and adequately to anything that obstructs them as they drive. If you’re an accident victim due to distracted driving, a San Antonio auto accident attorney can help you obtain compensation for the losses and damages.
Some of the most common restitution areas that an attorney can help obtain following a collision include:
- Lost wages and time away from work
- Loss of employment
- Physical rehabilitation
- Medical and hospital bills
- Surgery expenses
- Medication costs
If you or your loved one have been a victim of another driver’s distracted driving, let a distracted driving accident lawyer in San Antonio help you understand the various Texas laws that have been implemented to protect your rights. Enlisting the assistance of an experienced lawyer will enhance your chances of getting fair compensation.
Legal Help in Proving Negligence in an Auto Accident Case
Texting while driving is a serious traffic offense in San Antonio. A driver who deliberately puts a text message above the safety of other road users should be held responsible for that offense. If you’re seeking compensation for injuries sustained in a distracted driving accident, a skilled attorney in San Antonio can help you.
At our law firm, we have worked on several car accident cases where the drivers at fault were texting while driving. We helped the victims obtain the compensation they deserved and can do the same for you. Book a case evaluation with us to get started.