Drivon Turner & Waters,PLC

How can I prove that the driver who hit me was texting?

The state of California has adopted strict laws regarding texting and driving. While hands-free device use is allowed for drivers 18 years of age or older, texting while driving is strictly prohibited by drivers of any age. In other words, a driver may not perform any function that requires them to hold their phone while operating a motor vehicle.

When a person is involved in a car accident in which the party at fault was texting and driving, there are a few ways to validate the claim. First, the telephone records of that person may be obtained from their service provider. The injured party will likely need to request these with a subpoena issued by the court. A personal injury attorney can help with this process. These records will show the time of the last texts sent or received by that party, which can then be compared to the time of the accident.

Another option would be to seek out witnesses to the accident, and ask if they would be willing to testify in court on your behalf if they saw that driver texting.

Finally, if the accident occurred in an area where there are businesses, the injured party can inquire as to whether they had outdoor cameras on the premises which may have captured what happened. Again, this may require a subpoena to be issued by the court to obtain these videos.

For those who are injured in a texting and driving car accident, compensation for damages may be possible from the at fault driver. An experienced personal injury attorney can help start the legal process and put forth a strong case for that compensation.

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