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Is There a Way to Prove the Driver Who Hit Me Was Texting?

Texting & Driving McKinney TX

McKinney Car Accident Lawyer 

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 negligence. 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.

Texting & Driving: Contact a McKinney Auto Accident Attorney 

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 to learn about your options.

Our McKinney, Texas law firm serves all of Dallas and Fort Worth, including Plano, Frisco, Allen and McKinney. Our Huntington, West Virginia attorney office serves all of West Virginia.

If you want to learn more about how we can help with your personal injury case, please call our toll-free number 844.UNDERWOOD (844.863.3796) or send us an email for a free consultation. You pay no fee unless we win. Se habla español.

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