If you sustained injuries in a car crash and believe that it happened because the other driver was texting before the crash, you may have the right to pursue compensation. It is best to discuss your case with one of the best Los Angeles car accident attorneys including how to prove your claim.
In California, it is illegal to text while driving. State law only allows drivers to do single taps and swipes on their smartphones mounted on the windshield or dashboard of their cars.
Proving the At-Fault Driver Was Texting While Driving
To get compensation for damages incurred after a car accident, your claim needs to include evidence that the at-fault driver was negligent. Also, your attorney should prove that the damages directly resulted from the negligence of the other driver like texting while driving. The following are evidence your attorney will collect to help prove your accident resulted from distracted driving:
- Cellphone records. Because it is illegal for drivers to use their cellphones while driving, evidence that shows the at-fault driver used their cellphone can support your claim. But, the cellphone company of this driver may refuse to release such records without a court order.
- Police report. The responding officer will review the crash scene and determine the cause of the accident. If you saw the other driver using their phone, let the officer know about this. If the officer reasonably thinks your crash could be due to texting and driving, they may note this in the police report.
- Statements from witnesses. Eyewitnesses can provide objective statements on how the crash happened. Their statements can support your claim and prove the negligence of the other driver.
- Camera footage. Nearby cameras may have captured video footage of your accident. Your attorney can collect footage that shows the other driver was texting and driving.
- Textalyzers. These devices are digital roadside tests that would let police officers determine if a motorist sent a text message, email, or carried out other phone activities while driving. A driver who refuses to submit into a textalyzer may face penalties like driver’s license suspension.
Let Your Lawyer Handle Your Case
If your car accident resulted from another driver’s usage of their phone, you must discuss your claim with a skilled lawyer. Trying to handle your claim on your own can result in you getting undervalued settlement offers from the at-fault driver’s insurance company. In fact, there is even a chance the company may deny your claim.