The dangers of texting while driving are well known, yet far too many motorists continue to take their eyes off the road to read and send a “quick text.” When an accident occurs because of a driver distracted by their phone, the consequences can be devastating. Determining that texting was a cause and proving the other motorist’s liability is crucial but challenging.
If you are injured by someone who was texting, you may be able to recover significant damages through a personal injury lawsuit. Strong evidence is required to demonstrate that the at-fault party was actively using their phone leading up to the crash. Working with an Okemos car accident lawyer can help make sure you are taking the proper steps to prove negligence.
Try Getting Access to Cell Phone Records
One of the best ways to prove that the other person involved was texting is to get access to their cell phone records, but you’ll need to file a motion with the court requesting these records be turned over during the discovery process. The records may show outgoing texts, missed calls, or social media usage that confirms the driver was distracted. However, the driver may object to this request as an invasion of privacy, so be prepared with case law that shows the relevance.
Your personal injury lawyer in Michigan and the police will need to serve the phone company with a subpoena requesting the driver’s call and text logs from the period right before and after the accident. The provider keeps detailed records that can be very helpful to prove that the other driver is at fault. However, expect delays as the company reviews the request and determines what can be released.
Have an expert analyze the phone records. Don’t try to interpret the records yourself if you do get them from the provider. Hire a qualified cell phone forensics expert to analyze the data, as they can interpret cryptic codes and time stamps in the logs to reconstruct the driver’s usage. Their report and testimony will strengthen your claim rather than your own analysis.
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Check to See if There Were Nearby Cameras
Another way to establish that the other driver was texting is to check for any nearby security cameras that may have captured footage. Drive to the accident scene and look around for cameras on buildings, ATMs, traffic lights, or similar. If you find any, contact the owner with your lawyer, and you can both request copies of the footage, but it should be your lawyer who asks the owner for details.
Nearby retail stores, gas stations, banks, and other businesses may also have exterior security cameras that record useful footage. Make a list of establishments at or near the intersection, and your lawyer can obtain it for you. The police can speak with the manager and explain that you need any footage from the time period surrounding the accident.
If you do obtain camera footage from the scene, work with a specialist to analyze it and extract still images. They can zoom in and enhance the quality to potentially reveal that the other driver was looking down at a phone. Have the analyst write a report and prepare to testify about what the footage shows regarding the driver’s actions.
Get Help from an Accident Reconstruction Specialist
Get help from an accident reconstruction specialist. Hire an experienced accident reconstruction expert to analyze the crash and determine if distracted driving was a cause. They can review police reports, examine damage to vehicles, take measurements at the scene, and apply physics principles to establish facts. Based on their analysis, they can provide an opinion on whether texting was a contributing factor to the collision.
Your expert should visit the accident scene, take photos and measurements, inspect the vehicles, and gather all available evidence. They may recreate the accident under similar conditions to show all of the details. The expert can also integrate witness statements, road designs, traffic controls, and other factors to draw conclusions about the cause.
Make sure to get a well-documented written report from the reconstruction specialist outlining their opinion regarding the role of distracted driving in the crash. Also, have them deposed so their findings are entered into the trial record. Their expertise could be the solid evidence you need to prove the other driver was texting when the accident occurred.
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Potential Damages You May Claim
Document all medical expenses, lost wages, diminished earning capacity, and other economic losses from the crash. Your attorney can retain experts to validate and quantify these damages. Be sure to claim future costs as well if disabilities or limitations persist, which a medical professional can help you with to determine future care.
Also, claim non-economic damages for physical pain, mental anguish, loss of enjoyment of life, and reduced quality of life. These subjective damages can be substantial when severe injuries are inflicted. Your lawyer can work with life care planners and other experts to fully account for pain and suffering.
Given how egregious texting while driving is, you may be able to seek punitive damages to punish the driver’s willful misconduct. Punitive damages apply on top of economic and non-economic compensation. But clear proof of recklessness is required, which evidence of illegally texting and driving can help establish.
You will always work directly with your attorney throughout your case.
Work with an Okemos Car Accident Attorney
Distracted drivers who harm others should be held accountable. White Law PLLC has extensive expertise proving texting and cell phone use caused crashes, using phone records, cameras, witnesses, and crash analysis. If you were injured by a driver who was texting or talking on a cellphone, we may be able to launch a full investigation to build an irrefutable case attributing fault if you have proof to start with.
By proving gross negligence, we can possibly pursue maximum financial damages for medical bills, lost income, disabilities, pain, and emotional distress. Contact us for a free consultation. We will then see how and if we can help you based on your circumstances.
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