Negligent driving is quite common in the United States, and most of these accidents include the use of mobile phones and texting. Moving your eyes from the road even for a second can result in a catastrophic accident. When you text, both your eyes and mind drift away from the road, causing devastating injuries. 

You have the right to request compensation for your injuries and other damages. The other driver may say that they were not texting and thus, are not at fault. In such a situation, you may need the help of a personal injury lawyer in Conyers to gather evidence supporting your claim. 

Law regarding texting and driving: Is it illegal to text and drive?

Texting while driving is illegal and is banned in almost all the states of America. In fact, it is unlawful for a driver to do anything on their phone, such as making a phone call, viewing photos, watching videos, playing games, recording videos, etc. However, there are certain exceptions.

If the driver has an emergency where it becomes absolutely necessary for them to use their phones, such as for emergency purposes or GPS, they may be allowed to use their phone. Even in such cases, it is suggested that they pull over at a safe side of the road and then do the work. 

Proving negligence in a texting car accident 

For the other party to pay you for your injuries and damages, first, you must prove that they were responsible for the accident, which includes finding evidence against them. If you believe the other party was texting and driving, you need to gather solid evidence supporting your claim. 

One of the best ways to retrieve evidence is checking the at-fault party’s phone records. Phone records can show the calls and text messages sent or received during the accident with an exact timestamp. However, obtaining this evidence can be difficult as the party won’t provide it voluntarily. 

You will most likely need to hire an attorney who can then initiate the process of gathering evidence. If the driver does not give you access to their phone records, your attorney can file a claim against them and then request their phone records during the “discovery” phase. Since this process allows parties to obtain information from each other, the negligent party would not be able to refuse without facing legal consequences. 

Other than phone records, your attorney may be able to obtain the following evidence as well. 

  • Eyewitness testimony
  • Video footage and photographs 
  • Police accident reports
  • Expert witnesses testimonies

Obtaining all of this evidence can be challenging, but not with the help of an attorney. Contact a law firm today.