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How Do I Prove I Was Hit by Someone Texting and Driving?

Posted By Anapol Weiss on this July 11, 2019 at 4:51 pm

We all know it’s dangerous to text and drive, but why do we still do it? Do we actually know how dangerous it can be? Driving accidents are 23 times more likely to happen if a driver is texting. Why? You might think you’re taking a quick glance at your phone and quickly texting back with one hand while keeping your attention on the road. The reality is, you are not. You are distracted and paying significantly less attention to the one and only responsibility you have while driving – keeping your eyes on the road. It is no surprise that 48 of our 50 states have a law against text messaging to keep our roads safe.

What to Do After an Accident

The driving laws in Pennsylvania prohibit texting on cellphones while driving. If a police officer catches someone texting and driving, you can face a $50 fine. Texting and driving is considered negligent driving because drivers are legally responsible to take safety precautions while driving. Texting while driving is intentionally ignoring safety to themselves and others. If you believe you’ve been hit by a negligent driver, first seek medical attention to scan your body to assess if you have any injuries from the accident. Even if you feel like you’ve received no major injuries, always take the safe road and seek medical attention. Sometimes injuries are unseen but can have serious implications in the future.

Second, call the police after the accident and let them know you believe the driver was texting and driving and why. This will be helpful to get a record of the accident on file along with any evidence you can gather. Take photos of your injuries, damages to your car and road signs if possible showing which street signs were neglected. All of this evidence compiled will help support your negligent driving claim. Without record of a police report and photos, it is difficult to prove someone wasn’t paying attention to the road while driving.

Third, gear up with an experienced distracted driving accident attorney who can assess all of your evidence and obtain the at-fault driver’s phone records to build a case. Sometimes if you are just working with the insurance companies, the at-fault driver’s insurance representatives will do what they can to pin partial blame on you to lower the severity of their client’s mistake. If you know the driver who hit you was distracted, meet with your lawyer immediately so they can prove your innocence in the accident and fight for your compensation. Nobody deserves to be collateral damage to someone else’s mistakes and then get financially charged for it. The negligent party must be held responsible.

Get Legal Help ASAP

If you believe the driver who hit you was texting while driving, you should get a car accident attorney immediately to fight for your case. Why? Your attorney has the ability to obtain a subpoena which will allow them to pull the at-fault driver’s phone records to gather evidence to support your claim. Without this assistance and evidence, it is incredibly difficult to sue a negligent driver who was texting and driving. Everyone knows it’s wrong to text and drive because it is so publicized on commercials, billboard advertisements, radio announcements and common sense – but most people do not want to admit they’ve been texting and driving. The penalties are harsh because it’s an easily avoidable action that has caused far too many fatalities.

Topics Car Accident