
Proving that texting and driving caused an accident requires presenting evidence that the driver was distracted by their cell phone when the collision occurred. Some of this proof, such as the driver’s cellphone records or traffic camera footage, can be challenging to obtain on your own.
You can hire an Atlanta texting while driving accident lawyer who can work on your behalf to obtain this and other evidence. They will use it to build your negligence case against the liable party and demand that you receive compensation for your financial damages.
Evidence that Can Show Texting and Driving Caused a Crash
A personal injury attorney will know how to lawfully obtain key evidence in a texting-while-driving case. They can also develop a strategy to prove your claims.
Evidence in these cases can include:
- A police report: Police officers can include observations about the cause of the crash in their accident reports. They may note if one of the drivers was using a mobile phone. An officer may write in their report that texting while driving was a factor based on their assessment or admissions from the drivers involved.
- Witness statements: Witness observations can be critical in establishing the driver’s pre-accident behavior. A witness can tell you if they saw the driver texting just before they hit your vehicle. You can use statements from people who saw the crash as evidence.
- Cell phone records: A driver’s mobile phone records can show if they were texting right before the collision occurred. They can also show the times the driver sent and received text messages. If necessary, your lawyer may have to use subpoenas or other legal procedures to obtain these records.
- Traffic camera footage: Footage from traffic cameras, surveillance cameras from nearby businesses, or dashcam footage may have captured the driver using their phone during the accident. This visual evidence can be compelling, but it may require hiring an attorney who can seek to obtain it.
An Atlanta car accident lawyer can investigate and determine which evidence proves that texting and driving caused your accident. Some of the evidence in these cases is time-sensitive, so the sooner you reach out to an attorney, the sooner they can get to work preserving evidence.
How a Lawyer Can Build Your Texting and Driving Accident Case
In addition to investigating the crash and gathering case-supporting evidence, a lawyer can take care of your entire case. They can:
- Identify all liable parties: While it may be apparent that the driver’s cellphone use caused or contributed to the accident, they may not be the only person liable for it. An investigation can reveal multiple liable parties, including another motorist, the manufacturer of a defective vehicle, or a government entity responsible for maintaining the accident site.
- Consult with expert witnesses: Your attorney can gather testimony from professionals whose opinions could support your case. This includes an accident reconstruction expert who can analyze the accident scene, vehicle damage, and other evidence to provide insight into how a driver’s cellphone’s distraction likely contributed to the accident.
- Assess your damages: An attorney can evaluate all your accident-related damages and determine how much compensation you can demand. This includes actual costs, such as your medical bills and lost income, to intangible losses, like pain and suffering, emotional distress, and impaired quality of life.
- Handle insurance settlement talks: An attorney can negotiate a fair settlement with an insurance company, which could try to minimize payouts to save money. They can file your auto accident claim with insurance along with evidence.
- Take your case to trial: If settlement talks with an insurer stall or don’t work out, your lawyer could take your cellphone accident case to the Atlanta Court. They can present your case before a judge or jury and let them decide.
Texting While Driving Cases Must Meet Georgia’s Filing Deadline
Whether you are seeking to settle your legal matter inside or outside of court, personal injury cases take time to resolve. Still, plaintiffs filing personal injury cases must abide by Georgia’s statute of limitations for car accidents.
Parties generally have two years from the accident date to file legal action against a negligent party in court. A lawyer can monitor your case to ensure you don’t miss this important filing deadline. They can also tell you if a different filing deadline applies to your case.
What to Look for When Hiring a Lawyer for a Distracted Driving Case
A motor vehicle accident case involving a texting driver can add a layer of complexity to a case. You should ensure you have legal representation that can manage all aspects of your case, no matter how challenging.
When seeking an Atlanta distracted driving accident lawyer to represent you, ensure they have the following:
- Experience with auto accident cases: You should look for an injury lawyer with proven experience in handling traffic accidents, particularly those involving texting while driving motorists. Such experience can speak to their familiarity with the unique challenges of these cases.
- Responsive legal care: Your attorney should communicate and keep you up to date on your case’s status and other developments. They should answer your questions, address your concerns, and advise you of your options. Effective communication can also help you manage your expectations about your case.
- Client testimonials and reviews: What previous clients say about their experiences can give you an idea about what it’s like to work with the attorney. Positive reviews can also tell you if the lawyer can provide professional services and satisfactory outcomes.
Call Us After a Texting While Driving Crash – Free Consultation
You can prove that texting and driving caused an accident with the right evidence. If you are ready to explore your options, we are ready to talk with you. Contact us today for a free consultation.
Our lawyers can work on your behalf to hold a negligent driver accountable for cellphone use that caused or contributed to your injuries and losses. We have decades of experience handling auto accidents and lawsuits and will work hard to recover the compensation you are due.