WHAT OUR CLIENTS SAY
March 13, 2024 | Car Accidents
How To Prove Another Party Is Using A Cell Phone While Driving
Careless driving is the leading cause of motor vehicle accidents in Alabama as well as in other states. This fact about reckless driving can be shown in many ways. Some drivers are distracted, which includes texting or other cell phone activities. Car accidents continue to be a common cause of potentially fatal injuries. If the driver who hit you was texting and driving, such a person must be tried in court and be mandated to be fiscally responsible for the suffering they have caused you. However, forcing them to pay back might prove to be a demanding task that wasn’t expected.
Having an experienced Alabama car accident lawyer in your corner is the sure-fire way of getting the legal help you need to bring the evidence to the table that the other driver was texting while driving, which, in turn, was the reason why you had the car accident in the first place. Give our office a call or stop by for a free consultation, and let us help you solve your legal issue.
Mobile devices nowadays have become one of our choices for communications, and they are used on a daily basis. In part with Alabama law, it is obviously an offense for motorists to text and drive. However, driving with cell phones is considered the same offense, as it is illegal for drivers to do anything regardless of the type of phone. Those individuals who text while driving can be charged with tickets and other penalties that afford them to put in a lot of costs and even end up incarcerated.
Proof of the Effects of Distractions on Drivers Being the Cause of Your Injuries
For you to be paid for the damage in a car accident case brought against a driver who had an accident while texting, your lawyer must be in a position to prove beyond a reasonable doubt that the driver in question was texting at the time of the crash. An instance of a bright spot for your lawyer to point to and notify the passengers will be the driver’s phone history.
The ensuing page will display the exact timestamped call(s), message(s), and videos of any incident that might have taken place at the time of the accident. But it’s not just fingerprints, DNA, etc. that you should claim as evidence. Some of the other types of evidence that could be used to support distracted driving claims include:
- Eyewitness statements
- Photographs
- Video footage
- Accident reports
- Experts to testify
Texting while driving makes the person distracted by the messages, such that he or she cannot concentrate on driving as they should. So, the person is prone to being involved in an auto accident that may lead to compensation. A number of roads, which will lead to the compensation you deserve after an accident caused by a driver who failed to focus, are available to you. The other thing, first, is filing a claim with the insurance agent. Thus, as Alabama is a fault state for auto accidents and auto insurance purposes, you will be obliged to report an accident to the insurance company of the other party. The lawyer will provide evidence that the other driver was texting; consequently, their insurance company won’t have to offer less than the money you truly deserve. However, to escalate a claim, the insurance company will never have to pay all of your losses. If you hope to be totally compensated for everything you have been through because of an inattentive driver and his/her mishap, you might have to be ready to start legal proceedings. You will be represented by your attorney, who will skillfully put forward such solid evidence and reasoning to the jurors.
Car Accident’s Law Assistance in Alabama Is One Way We Can Help You Today
If an inauthentic car accident is caused by negligent driving, it is possible for you to sue him with respect to the defendant. Get them for their irresponsible action by getting a well-known car accident lawyer in Alabama who represents you at the firm of Ferguson & Ferguson. If you want to meet up and talk about how we can assist you, please call our office and book a free, non-binding consultation. You may either send us an inquiry through our online contact form if you prefer, and we will subsequently follow up via a call to explore your car accident case in depth.