How Can I Prove Another Driver Was Texting While Driving?

Accidents caused by distracted drivers are common occurrences that can lead to life-changing injuries and sometimes even death. Texting or using electronic devices while driving decreases your attention on the road while increasing the chances of making unfortunate mistakes while at the wheel. 


A Montana attorney can help you prove that the guilty party was texting while driving. Although you may need an attorney to help you gather the required evidence, there are ways to prove that you are entitled to obtain compensation for your damages.


Having to go through a long recovery after a car accident is a difficult time for you and your family. If you were injured due to another driver’s negligence and want to pursue legal action, the following points can help you take the right actions.

Why Is Texting While Driving Dangerous?


Texting while driving is among the most common distractions while driving. Sending text messages can take your eyes off the road for up to 5 seconds. If you drive at 55 mph, it is the equivalent of driving the length of a football field, significantly increasing the chances of causing an accident. According to the National Highway Traffic Safety Admission (NHTSA), distracted driving caused 3,142 fatalities in 2020. 


Although most of the U.S. states have adopted cell phone bans while driving, Montana remains the only state that did not implement any law regarding this issue. Regardless, accidents caused by distracted driving can lead to extensive injuries to other drivers, passengers, and unsuspecting pedestrians.


Phone Records and Eyewitnesses Statements


You can obtain phone records to prove that a driver was texting while driving. Your attorney can request a subpoena from a judge to gather the necessary information. You will not be able to see the actual text messages, but you can tell whether the guilty party was using the phone at the time. You should request your lawyer to obtain the phone records as soon as possible, as they are essential evidence for your case.


Apart from phone records, you might require eyewitness testimony. A witness can be another driver, a pedestrian, or a bystander. They will have to provide their statements to the police officers at the accident scene. Additionally, you must request a police report from the present authorities. Police reports contain detailed information regarding the circumstances of the accident, giving valuable insight into your case.


Seek an Attorney’s Guidance


Proving that a driver was distracted by their phone while driving is not necessarily easy. You need to have substantial witnesses or gain access to phone records to secure compensation. Hiring a lawyer to help you through this process will save you money and time. A qualified attorney has access to resources relevant to your case. When you are involved in a car accident, you may sustain extensive injuries that take time to heal. 


While your recovery is a top priority, medical bills can be substantial. To ensure that you have the resources to cover your healthcare, you should file a compensation claim. Insurance claims and court proceedings take a long time and imply many deadlines and documentation to prove your case. Having a personal injury attorney taking care of your needs will prove helpful to you.


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