A personal injury lawyer explains how texting and driving facts can impact a personal injury case. More than 80% of all car accidents are due to distracted driving and cell phone usage. Which means, too many drivers are distracted by their cell phones. Look around you. It seems that everyone has their cell phone in hand, busily texting at the stoplights. The progressively higher rate of car accidents involving cell phone usage has taken over as one of the major causes of automobile crashes.
If you are involved in a car accident, you should find out if the at-fault driver was texting while driving. Insurance companies understand that cell phone use is now a leading cause of negligence on the part of one or both drivers. A car accident attorney can take steps to discover the texting and driving facts and whether or not cell phone use was the cause of the crash.
Many at-fault drivers will actually admit that they were using their cell phones just prior to an accident. However, you cannot count on an admission of liability. That is why it is very important to get legal representation to protect your rights in an accident case involving an automobile.
Texting while driving and other cell phone use may not be the sole cause of a car accident. The driver may also be engaged in drowsy or drunk driving or some other impairment that may have contributed to the driver’s negligence.
How will your attorney prove the texting and driving facts at the time of your crash?
Subpoena cell phone records.
Your attorney can subpoena or acquire the other driver’s cell phone records to prove they were texting while driving. You will need an experienced distracted-driving attorney. As an experienced car accident attorney in Fort Collins, Loveland, and Northern Colorado, I can get the cell phone records that you need to prove your case.
Locate eyewitnesses to testify.
Eyewitnesses can testify or document in writing that they saw the at-fault driver on their cell phone. Witnesses normally give a written statement to the investigating police officer. This makes it easier to prove your distracted-driving case. I can also locate any witnesses who may be reluctant to give a statement to the police.
Police officers will investigate at the scene of the car accident, then submit a detailed accident report, in many cases, citing the other driver for Careless Driving or some other traffic infraction. These accident reports are usually available to the public within a week or so, unless it involves a wrongful death. You can even get a police officer to testify on your behalf.
Request video footage.
There may be street-cam video or security surveillance video of the car accident. Video footage from nearby cameras could be used to prove fault or liability. It may also reveal whether the other driver was distracted or using a cell phone. Your attorney can use this type of video evidence to prove negligence.
Work with a reconstructionist.
A good car accident attorney will hire a professional accident reconstructionist if necessary. Accident reconstructionists are experts who recreate the accident to determine negligence. Many accident reconstructionists work in the automobile industry, have an engineering background, or are former law enforcement. The accident reconstructionist’s findings can provide proof that the other driver was at fault. This service is expensive but worth it due to the reconstructionists’ vast experience in determining fault.
Doug Allen is the right attorney to handle your texting and driving facts car accident case.
The right car accident attorney can help you with your property damage, medical bills, lost wages, and pain and suffering claim. Attorney Doug Allen has more than 22 years of experience handling personal injury claims in Fort Collins, Loveland, and surrounding areas in Northern Colorado.
Attorney Allen can also persuasively present the texting and driving facts in the case to the insurance carrier to get a settlement. Car accident attorneys normally get three times more in settlement from the insurance carrier. Therefore, it is wise to not try to handle the settlement process alone. The insurance carrier will take advantage of people without proper legal representation because insurance adjusters have extensive experience in settling cases for low amounts of money.
In fact, once a letter of representation is submitted to the insurance carrier, the case is transferred to an adjuster experienced in dealing with attorneys. So don’t go it alone. Hire a car accident attorney!
If you have been injured due to the fault of a driver who was texting while driving, then call Attorney Doug Allen. Rest assured your claim will be properly submitted to the insurance company. With experience in representing insurance companies like State Farm and GEICO, Attorney Allen knows exactly how to negotiate for the highest payout on your insurance claim.