Is it Possible to Prove Texting and Driving in an Auto Accident in Florida?
One of the most common causes of car accidents is texting and driving at the same time. Both sending and receiving a text message is a distraction that could lead to anything from a minor fender bender to a fatal car accident in Orange Park. However, if you want to file a claim, how do you prove that the other driver has been texting while driving in Orange Park, Florida?
A Florida auto accident lawyer can help in establishing whether your accident was caused by distracted driving through one or several means.
How Can I Prove That the Other Driver was Texting and Driving in Orange Park, Florida?
To have a strong case for texting and driving car accidents, you need to be able to prove that the other driver was texting and driving at the same time and this distraction is what led to your collision. The following may serve as proof of texting and driving offenses and may hold any negligent party liable for compensation payments:
- Cell Phone Records: The most important source of evidence for any texting and driving offense will be the driver’s cellphone. A cellular phone automatically records the time when calls or texts are being made or received within any given day. If the time of these calls or texts coincides or nearly coincides with the time of the distracted driving incident, it may serve as proof of the other driver’s culpability on the collision.
- Police Report: In most, if not all, texting and driving car accidents, a police officer will make a report regarding the particulars of the vehicle collision. Police officers are highly trained in handling accident documentation and will most likely report about any suspicious items lying inside the vehicle, such as cellphones. This report can be admissible in compensation discussions or court proceedings as evidence for texting and driving offenses in Orange Park, Florida.
- Eyewitness Accounts: Accounts from bystanders who may have witnessed texting and driving accidents can be helpful in proving liability on the part of another driver. In addition to by-standing civilians, the occupants of the vehicle may also serve as an eyewitness as to whether the car driver was using his or her cellphone while driving.
With the help of a trusted distracted driving attorney in Orange Park, Florida, you may look into these crucial factors to determine and establish proof of driver negligence.
What Are the Serious Consequences of Distracted Driving in Orange Park, Florida?
In a report made by the National Highway Traffic Safety Administration (NHTSA), distracted driving has resulted in 3,477 deaths across the country in 2015. Reported injuries have reached a staggering number at 391,000.
Although distracted driving takes place when a driver does a number of activities that distract him or her while operating a vehicle, texting is considered to be the most dangerous due to the physical, visual, and cognitive distractions that are involved in the activity.
The consequences of texting and driving car accidents can range from simple to severe. In a collision, both parties may be at risk for grave physical injuries, such as post-traumatic head injuries, nerve damage, whiplash, internal injuries, and many others. In the worst cases, texting and driving can even result in a wrongful death.
Anyone who has been hurt in texting and driving car accidents will have to seek immediate medical help and the legal assistance of a dedicated auto accident attorney.
How Can a Lawyer Help with My Texting and Driving Car Accident in Orange Park, Florida?
When it comes to seeking compensation for texting and driving car accidents, finding proof of the at-fault driver’s negligence is paramount. In addition to the personal injury compensation you are entitled to through your own insurance coverage, you may also be eligible for additional compensation from the insurer of the negligent party. Without the help of a trustworthy car accident lawyer, you may end up getting less than what you really deserve.
Your lawyer will gather relevant evidence to prove the liability of the other party. Additionally, your legal counsel will also inform you of important laws in Florida, such as the no-fault insurance law and the comparative fault negligence decree.
Call John Fagan Accident Lawyers for Trusted Legal Help on Your Auto Accident Case in Orange Park, Florida
The consequences of distracted driving are many, and these range from vehicle scratches and dents to life-altering physical injuries and death. If you believe that the other driver was texting and driving, the right lawyers can help you obtain valuable evidence. Talk to us at John Fagan Accident Lawyers so we can start working on your distracted driving compensation claim in Orange Park, Florida.