Cell Phone Records
One of the first methods you or your lawyer may use to prove that texting caused the accident is to request cell phone records. The request for these records will need to include a request for all text messages and the times for those messages. The reason this specific request is important is that some companies only give out the call logs when a phone record request is made.
You will also need to know the approximate time of the accident. You will be able to narrow down the time and know if texting was done before, after, or during the actual accident taking place. Evidence of when texting occurred can show that the texting actually caused the accident.
For example, if the last text was sent 10 minutes before the accident, it likely was not a contributing factor to the accident. If the text was made one minute before the accident, then it could have been a contributing factor.
There are some cases in which eyewitness testimony may be available. A police officer can take a statement from a third party who saw the other driver texting in the moments leading up to the accident. This statement can also be used in a court case to help prove that the other driver was texting while driving and possibly for how long they were distracted leading up to the accident.
Keep in mind, one of your witnesses may be a police officer on the scene. If an officer was in the area or driving behind you or the driver who caused the accident, you may need their statement. They may have witnessed the driver texting prior to the accident or know about the driver’s history of texting while driving. The officer’s statement can be vital to your case and needs to be obtained by your lawyer.
Traffic and Business Camera Footage
There are many cities that are incorporating cameras into their traffic lights and street crossings for several reasons. One of the main reasons is to capture moving violations such as running red lights or accidents.
This means that if your accident happened at the corner of a busy intersection, it may be on camera. If the accident was recorded, you may find that the evidence you need to prove the other driver was texting is also in the camera footage.
Keep in mind that the intersection does not have to be busy in order for camera footage to be available. Businesses also use outdoor cameras to monitor their storefronts. These cameras may capture some of the road in front of the business and may have captured some or all of the accident.
You can have your lawyer request the footage from the city, the county, or the businesses in the area to help show the accident and prove your case.
These are just a few of the key points you need to know about proving that an accident was caused by the other driver texting while driving. A lawyer from The Law Offices of Bruce Meth can help you set up your case. Contact us to see how we can help you navigate the process of proving the fault was from texting and the fault is the part of the other driver.