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How Do You Prove Another Driver Was Texting and Driving?

Published on Mar 25, 2021 at 9:29 am in Car Accident.
How Do You Prove Another Driver Was Texting and Driving?

Car accidents are hard enough to deal with when you weren’t the one who caused them. When someone else’s negligence is what caused them to collide with you in your vehicle, you’ll want to hold them accountable for their actions. If their negligent action was texting while driving, you might be wondering how you can prove that they were doing that behind the wheel?

That’s where a car accident lawyer can be beneficial. When you hire an attorney, they know that proving negligence is one of the most important aspects of winning your claim and getting you the compensation you deserve. That means that they know how to prove the other driver was texting and driving and that it caused your collision.

Proving Someone Was Texting and Driving

Directly after an accident, a person most likely won’t be willing to admit that they were texting behind the wheel because they know it’ll implicate fault. Texting and driving is reckless and negligent behavior, and drivers know that it’s unsafe to do. Unfortunately, that doesn’t stop people from doing it. According to the National Highway Traffic Safety Administration (NHTSA), over 3,000 people were killed in accidents with distracted drivers in 2019.

One of the main causes of distraction in those fatal wrecks were cell phones. When drivers are texting, they’re more focused on their phones and the messages they’re sending or receiving than the road. This causes them to take their eyes off of what’s ahead of them, which can lead to fatal accidents.

When you’ve been struck by one of these drivers, you might have trouble proving that they were using their cell phone behind the wheel. That’s where a lawyer will fight to prove that the other driver was distracted and texting. There are a number of ways they can do this, including:

  • Obtaining the police report to see if the police officer recorded that the driver was texting behind the wheel.
  • Obtaining the negligent driver’s phone records through a subpoena to determine if the driver was sending a text, had received a text, or was otherwise using their cell phone at the time of the accident.
  • Looking into recordings from traffic cameras in the vicinity of the accident at the time of the collision to see if they caught video of the driver texting.
  • Speaking to witnesses who claim they saw the negligent party using their phone behind the wheel.
  • Speaking to the negligent party and getting them to admit that they were texting while driving.

With the help of a car accident lawyer, you’ll be able to prove that the other driver was texting and caused your accident in Frankfort. Let’s take a look at Kentucky’s texting and driving laws so that you fully understand the extent of the laws broken when another driver uses their phone behind the wheel.

Kentucky Texting and Driving Laws

Currently, only drivers under 18 are banned from using a handheld cellphone to talk on the phone while driving. House Bill 255 is currently being pushed through legislation in an attempt to ban all drivers, including those over 18, from being able to use a handheld device at all behind the wheel.

Drivers of all ages are restricted from using a cell phone to send or read text messages or emails while the car is in motion. The problem is that since not all cell phone use is banned for drivers, it can make it harder for police to pull over and charge drivers for cell phone use because they can argue the car wasn’t in motion, or they can say they were using it to make a call.

Even though cell phones can be useful for GPS and calling emergency services when needed, drivers should not be able to use their phones in any capacity behind the wheel. Since texting and driving is illegal for all Kentucky drivers, your car accident lawyer will fight to prove that the driver was texting when they caused the wreck that injured you.

Our Car Accident Lawyer Will Support You

At the Law Office of Todd W. Burris, we are here to help you through the legal process, which includes proving that the other driver was at fault for your collision in Frankfort. An experienced car accident lawyer from our firm can help you get the justice you deserve for your injuries and damages. Reach out to our office today so we can get started working for you.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.

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