How to Prove the Driver Liable for My Austin Car Accident Was Distracted?
Victims of car crashes may be eligible to seek compensation from the at-fault driver’s insurance policy. However, victims and/or their attorneys must prove the crash was caused by the at-fault driver’s negligent actions.
One of the most common examples of driver negligence leading to an accident is texting and driving – which is illegal in Texas. Below, learn more about proving a crash was caused by texting and driving or another form of distracted driving.
If you were injured in a distracted driving accident, schedule a free legal consultation with a licensed car accident attorney in Austin (or San Antonio) from Lorenz & Lorenz. Our firm has recovered millions on behalf of crash victims throughout Texas. There are no upfront fees for our services, which means no risk to you.
Evidence of Distracted Driving
The simplest way to prove a crash was caused by distracted driving is to obtain the police report and traffic citation given to the at-fault driver for distracted driving (here’s how to obtain your car accident report). This may be possible because a 2014 law has made many forms of distracted driving illegal in Texas.
This includes using a handheld mobile device for any of the following:
- Make a call
- Send a text message
- Read a text message
- Write a text message
- Play games
- Look at pictures
- Anything else
Drivers who are convicted of a violation of the law face a fine of up to $200.
It would be difficult for the insurance company to dispute evidence in a police report and attempt to deny your claim. That said, the insurance company may still try to devalue your claim, which is why it is important to have an experienced attorney on your side.
Another way to prove a crash was caused by distracted driving is to obtain the at-fault driver’s phone records. The records may show if the driver was making a call at the time of the crash or whether a text was sent or typed up in the moments before the collision. There may also be evidence of social media use.
What if There is No Traffic Citation?
If there is no traffic citation, there are other ways to prove a crash may have been caused by distracted driving.
For example, your lawyer may be able to obtain dashcam footage or footage from a nearby security or traffic camera. This footage may show a driver looking at his or her smartphone, or being otherwise distracted.
If there is no video footage available, you may be able to use testimony from an eyewitness who saw the other driver. While testimony from one witness may be enough, testimony that is confirmed by another witness could go a long way toward strengthening your claim.
It might be possible to prove distracted driving based on the type of crash and damage to the vehicles involved. For example, distracted driving often causes rear-end crashes.
Your attorney may want to bring in an accident reconstruction specialist to help show how the crash may have been caused by distracted driving. Accident reconstruction can be a viable way to gather evidence by reverse engineering the cause of the accident based on the result – skid marks, car orientation on the road, damage to either car, etc. – and may even prove fault based on the accident damage.
Have Questions? We Have Answers
One of the most important decisions that must be made after a car crash is who will represent you as you seek compensation. Without experienced legal help, you may have a very difficult time securing all the compensation you need.
Lorenz & Lorenz has helped numerous crash victims secure the compensation they needed to move forward after an accident. We are prepared to manage the legal process on your behalf, investigating the crash, gathering evidence, negotiating for compensation and preparing for trial if the insurance company does not offer fair compensation.