Texting and driving might be a serious offense, but countless motorists still use their phones from behind the wheel. According to the Centers for Disease Control and Prevention, about 3,000 people are killed—and many more injured—in accidents involving distracted drivers every year.
Were you hurt in an accident involving one of these reckless motorists? You may be able to seek damages for your medical costs and other losses by filing a personal injury claim.
However, a financial award is never a foregone conclusion. First, you will need to gather evidence to show that the at-fault driver was texting before the collision. In this article, we examine a few kinds of evidence that could help demonstrate liability:
1. Cellphone Records
If you suspect the motorist who struck you was texting, calling, or using their phone for any other reason, the exact date and time of their smartphone activity might be logged in their cellphone records. In such situations, you may be able to use these documents to demonstrate that the motorist was on their phone in the moments before the wreck.
Unfortunately, cellphone records are incredibly difficult to obtain as you will usually be required to file a subpoena to get the at-fault motorist’s service provider to release them. A skilled personal injury lawyer can assist by applying legal pressure to make sure these records are handed over.
2. Eyewitness Statements
Other drivers, passengers, and pedestrians may have seen the liable party texting in the moments before the crash. As such, their deposition could help you demonstrate that the liable party was distracted. You should take down the names and contact details of any onlookers so you can share this information with your lawyer during the initial consultation. Your attorney will likely want to contact these eyewitnesses to see whether their statements could help you prove liability.
3. Dashcam Footage
Dashcams have proliferated the market, giving drivers a wealth of advanced, affordable options to choose from. As a result, many drivers have equipped their cars with these handy recording devices, so it’s possible that someone filmed the collision. Additionally, if you noticed surveillance cameras near the accident scene, their recordings could also help show that the at-fault motorist was using their phone in the moments leading up to the wreck. You will need to act quickly to obtain this footage as it is routinely erased.
Speak to a Car Accident Attorney in Cleveland, Ohio Today
Were you involved in a wreck involving a distracted motorist? Turn to the attorneys at Obral, Silk & Pal, LLC for legal guidance and tenacious representation.
Our attorneys have been selected by SuperLawyers in personal injury representation throughout the State of Ohio. As part of a case assessment, we can assess the proof you’ve collected so far, answer your questions, and explain how we might proceed with building your claim. Dial 216-LAWYERS, (216) 529-9377 or tap through to our Contact Form to schedule a consultation with a Cleveland car accident attorney.