How to Prove Texting While Driving Caused an AccidentMississippi Legal News
Despite changing laws, texting while driving continues to cause major Mississippi car accidents each year. Being on the other end of one of these accidents is terrifying. You might be wondering what your legal options are if the driver who hit you was texting. Since distracted driving is considered a form of negligence, you might be able to sue for compensation. Feel free to ask a Jackson multi-vehicle accident attorney about how to file an accident claim.
Why is Texting While Driving Negligent?
Texting while driving may not always seem like negligence. However, when texting and driving causes harm to others on a continuous basis, this behavior becomes negligent. Now, most states have put laws in place to make it illegal to text and drive. This is because many people now consider texting and driving a great risk.
There are three types of distracted driving that are involved in texting while driving. Compared to other forms of distracted driving, texting while driving involves the highest level of distraction. These three types of distractions include visual, cognitive, and manual distractions.
Visual distractions happen when you take your eyes off the road. People have to keep glancing at their phones to text and drive. Even a few seconds of looking away from the road can be enough to cause an accident.
Cognitive distractions are all about taking the mind away from driving. Trying to think of how to respond to a text or what to type while texting can distract the mind. Manual distractions involve taking one or both hands odd the steering wheel. This is a necessity for holding a phone while typing a text.
How Can I Prove Texting While Driving?
Proving texting while driving is a difficult challenge. You might need to do this when you want to file a car accident claim for compensation. Finding evidence to support that the other driver was texting could be all you need to receive significant compensation.
Some of the main steps for proving texting while driving include collecting evidence and filing relevant documents. You can collect evidence of texting while driving from:
- Witnesses who saw the other driver texting
- Surveillance footage of the other driver texting
- Phone records with the other driver’s time-stamped texts
Corroborating the times each text was sent and received by the driver with the time the accident happened is key. Try contacting a Jackson accident lawyer to see if you can have the driver’s phone records subpoenaed. These phone records will be your most important piece of evidence.
Be sure to also submit documents like the police report and copies of your medical records. Take pictures of your injuries and vehicle damages. Ask your lawyer what else is needed.
Auto Accident Attorney in Jackson
Proving the driver who caused your accident was texting while driving can be challenging. Consider calling the Germany Law Firm, PLLC today at (607) 487-0555 to talk to a Mississippi personal injury lawyer for a consultation. Our team of lawyers might be able to help you attain compensation for medical expenses, emotional distress, and lost income. We serve clients in Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.