How to Prove the Other Driver Was Texting in an Accident - Catalano Law

How to Prove the Other Driver Was Texting in an Accident

Distracted driving is one of the leading causes of motor vehicle accidents in the United States. Although many forms of distraction while driving exist, like eating or programming your GPS, cell phone use is among the most dangerous. Cell phone use, including texting, was cited in 13% of fatal distracted crashes in 2020, resulting in 396 deaths.

If you suffer injuries in a car accident caused by a driver who was texting, you can seek compensation for the damages. An auto accident lawyer from Catalano Law can help you file a claim and prove the other driver was texting, maximizing your compensation.   

Learn how your lawyer can prove the other driver was texting in an accident and why this evidence matters for your case.

Proving a Driver Was Texting in an Accident

If you’ve been injured in an accident caused by someone texting at the wheel, you may be entitled to compensation from the at-fault driver. Texting while driving is illegal in New York and breaches the driver’s duty of care to other road users. It is also unlawful to read or type any other type of message, social media post, and email, input data into a phone, or watch a video while driving.

However, proving that the at-fault driver was using their phone requires evidence, like witness testimonies or phone records. Hiring our experienced Syracuse car accident lawyers is your first step in recovering the compensation you deserve.

The legal team at Catalano Law has the expertise, resources, and skills to help you build a strong case and navigate the insurance and legal processes, so you get a fair settlement for your injuries and other losses.

To help build your case, your lawyer will:

Cell phone records can provide compelling evidence that a driver was texting while driving during an accident. To access this information, your attorney can apply through the Clerk of the Court for a Subpoena Duces Tecum, requesting phone records from the at-fault driver’s service provider.

Once the Court approves and signs the subpoena for cell phone records, your attorney receives a document directing the cell phone provider to produce the required evidence. The phone company must provide the information or face legal penalties.

If records show that the driver sent or received messages shortly before the collision, your attorney can use the data as evidence for your liability claim.

Your lawyer may use evidence from the scene, including dashcam or surveillance footage from a nearby building, as evidence for your claim. Ideally, the images will contain a timestamp and demonstrate cell phone use as a cause of distraction in the accident.

Your lawyer can ask witnesses or business owners who captured footage of the accident to give them the video voluntarily.  They may also obtain a subpoena for the footage if the owners refuse to hand it over without court involvement.

Accident witnesses may have seen the at-fault driver using their phone at the time of the accident. Witnesses can testify and give statements that support the phone data evidence and your claims, further strengthening your case.

If possible, exchange contact information with witnesses at the accident scene. You can share this information with your attorney, who will communicate with them on your behalf to obtain their formal statement. Your attorney can also access the police report from the collision to assess witness statements gathered by the police.

Your lawyer can also ask witnesses to appear before the jury if your case goes to trial. Their testimony can support your claim that the other driver was using their cell phone during the accident.

Recovering Damages

The two primary ways to recover damages after a New York car accident are insurance coverage or filing a claim against the at-fault driver. Personal injury protection (PIP) insurance is mandatory for all New York drivers, and allows victims to get some compensation for medical expenses from their own insurance providers.

Insurance adjusters often make it difficult to collect maximum compensation. If the PIP coverage doesn’t cover your damages in full, you can file a claim against the at-fault driver to recover what you’re owed.

A successful claim can help you recover damages for medical expenses, loss of income, and pain and suffering (which is not covered by PIP). Hiring legal counsel with a successful track record of claims similar to yours can improve the outcome of your case.  An experienced attorney from Catalano Law can investigate the case thoroughly and gather relevant footage to help verify your claim.

Schedule a Free Consultation Today

As a New York motorist, it’s important to be aware of your rights to compensation after a collision. If another driver’s texting caused your accident, you may be able to recover damages by filing a claim with help from the attorneys at Catalano Law.

Our lawyers understand the toll an accident can have on victims, both physically and mentally. Therefore, we don’t charge fees or expenses until you have agreed on a settlement or obtained financial damages for your accident. We also offer a free case assessment to discuss the circumstances of your claim and determine your legal options.

Contact Catalano Law today to arrange your free consultation.

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