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Is There a Way to Prove the Driver Who Hit Me Was Texting in a McKinney Car Accident?


Texas adopted a statewide ban on texting while driving in September, 2017. That hasn't stopped drivers from behaving irresponsibly behind the wheel. Texting while driving remains common, even when it leads to accidents. On a national level, it leads to a shocking 1.6 million crashes every year.

Texting behind the wheel is clearly constitutes negligent. Fortunately for the victim, it's often easy to prove the other driver's misdeeds. Here are three types of evidence personal injury attorneys prove texting while driving:

1. Police Reports in a McKinney Auto Accident

Did the other driver admit to using a cell phone while discussing the McKinney car crash with law enforcement officials? This should be recorded on the official police report. Keep in mind, however, that police reports sometimes mischaracterize witness or driver testimony and are therefore insufficient as standalone evidence. Other times, police officers wrongly refuse to write a police report.

2. Witness Testimony

Was somebody else in the other driver's car at the time of the accident? Did passengers in your car observe the other driver texting from afar? Were there independent witnesses to your McKinney car accident? These and other witnesses can speak to the other party's negligence.

3. Cell Phone Records

Your best tool in a McKinney car accident case involving texting? Cell phone records. It's tough for the other driver to refute records showing that he or she sent a text message seconds before the accident. Likewise, Facebook and Instagram accounts keep record of social media activity behind the wheel. Unfortunately, cell phone service providers are notoriously unresponsive to requests for records related to litigation. Lawyers must start requesting the records early in the case and followup many times. Subpoenas are necessary most of the time.

In car accidents involving cell phone use, attorneys must prove that texting not only occurred behind the wheel, but that it was at least partially responsible for the crash. Several forms of evidence can be used to achieve this end, but it takes a skilled attorney to present evidence effectively.

Don't let negligent drivers in a McKinney car accident get away with texting behind the wheel. If you have been hurt by a driver texting while driving in McKinney, TX, contact Underwood Law Office at 469-573-4558 to learn about your options.

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McKinney Office
2530 West White Avenue
Suite 200
McKinney, TX 75071

Phone: 469-573-4558
Fax: 972-292-7828
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Huntington Office
923 Third Avenue
Huntington, WV 25701

Phone: 304-209-4387
Fax: 972-292-7828
Map & Directions