One thing is for sure and that is texting while driving is not permitted by drivers in most states and the penalties are harsh if someone is caught in the act. When someone is texting while driving he or she loses concentration on the road for that time when the text is written. This is time enough to cause a serious accident especially on a busy highway.
The driver may not see a car in front slowing down and rear end it because there is no time to stop once they have stopped texting. Also when a car is merging into traffic this is often done safely due to the cooperation of other drivers. They may slow down to help the driver merge easily or even speed up to make room.
However, if a driver is texting at the time accident avoidance may not be possible. If you are involved in an accident with a driver who was texting and you were injured you may be able to file a PI claim to get compensation to cover your medical treatment and lost wages while you recover.
How to Prove You’re Not at Fault For an Accident With a Texting Driver
You have to have the evidence available to prove the texting driver caused the accident. This is the only way you can prove you were not part of the cause of the accident and it is the only way you will be eligible for a PI claim from the at fault driver’s insurer.
You will likely know that you didn’t cause the accident. Often a driver who was allegedly texting when an accident took place may deny the claim. One way to prove he or she was texting is viewing the phone’s text message records. This can only take place if a PI lawyer gains access on your behalf.
Evidence to Help Win a PI Claim for a texting Accident
You should provide some evidence yourself which shows who is to blame. This could include any of the following:
- Photographs showing the driver was texting when the accident took place;
- A police report which shows proof that the texting driver caused the accident;
- Proof that the texting driver was charged for texting as in most states it is illegal;
- Eye witness reports showing the driver texting;
- Surveillance camera footage near the accident site.
How a Lawyer Can Help Win a Texting Accident Claim
It is never easy to win a PI claim when a texting driver is involved as so often the at- fault driver will deny the claim. You should consider hiring a PI lawyer who will gather together sufficient evidence to prove the texting driver caused the accident. Complete the Free Case Evaluation on this page to have the details of your claim looked over by a personal injury lawyer that takes cases in your area!
