Proving the At-Fault Driver Was Texting and Driving

September 17, 2021

Texting and driving has increasingly become a crime in many states. Regardless of its legality, drivers continue to make it a habit to text while driving. While it may seem harmless to reply with a quick text: “Can’t text, driving” or “Just a second,” the reality is that most vehicles travel approximately the length of one football field in the five seconds it takes to respond to a text. This is 300 feet without your eyes on the road.

This can lead to deadly consequences. Distracted driving claimed 3,142 lives in 2019 alone.

While this is a common cause of accidents and a hazardous and unlawful act in many states, it may be hard to prove that the other driver’s texting caused your accident. While offenses like driving under the influence can easily be detected by smell or a breathalyzer test, there is no easy way to determine the moments leading up to the accident. Regardless, it’s not impossible to prove that a driver was distracted by their cell phone.

Eyewitnesses who saw the accident may be able to offer witness testimony to prove that the other driver was texting immediately before the accident. Finding an eyewitness who noticed this might be hard, though. Your wisest move is to hire an attorney who can help dig deeper, collect any testimony, and even subpoena phone records if necessary.

Attorneys Can Subpoena Phone Records

When an attorney subpoenas the driver’s phone records, they’ll have access to calls and text messages made with the phone. 

When you are injured in an accident, it’s crucial that you collect any evidence you can at the accident scene. This includes eyewitness statements and contact information, accident photos, and insurance information. While it is your right to request such information, an attorney will have more options for demanding cell phone records through a written discovery or even a subpoena, if the case is filed. 

Texting and Driving a Huge Problem

Over 1,000 people are injured every day because of distracted drivers. The National Highway Traffic Safety Administration (NHTSA) says that texting while driving is more dangerous than someone driving while drunk with a .08 Blood Alcohol Content (BAC). 
At Saladino & Schaaf, our personal injury attorneys have over 75 years of combined experience representing Kentuckians involved in injury accidents. Contact one of our attorneys today to discuss your case at 270-444-0406 (Paducah) / 270-753-1529 (Murray) or contact us online for a free case evaluation.




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Texting and Driving




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