We now know that driving distracted is a huge contributor to big accidents on the road, and the state of Texas has responded to this reality by implementing some cell phone laws to prohibit it. The key is proving that the other driver was actually using their cell phone in an illegal way at the time of your accident. Contact a car accident injury lawyer in San Antonio as soon as possible to get started in investigating the accident and finding the proof you need to hold someone accountable for their actions.
From a Car Accident Injury Lawyer in San Antonio: Proving the Other Driver’s Distraction
Texas prohibits drivers from doing a number of things while they’re on the road. They are not permitted to send or receive electronic messages of any type, whether that’s messages on the phone itself or through an app like Facebook or WhatsApp. Additionally, using a handheld device in the vehicle in any manner at all while driving in a school zone is illegal, and school bus drivers cannot use cell phones while they are driving if there are children present. Those under the age of 18 and any drivers with learner’s permits can’t use any kind of handheld device in their vehicles.
It is important to note that drivers are permitted to use these devices to navigate and otherwise if they are using a hands-free setup; if it’s an emergency and they need to report to the authorities; if they had reasonable suspicion that a text message was alerting them to an emergency; or if they are driving in an official capacity and were receiving directives from a dispatcher.
Evidence You’ll Need
Sometimes, people are honest and willing to fess up when they’ve made a mistake. Unfortunately, it’s also common and for people to lie to protect themselves, and it’s normal for people to be reluctant to admit that they might be responsible for an accident. The person may in fact even genuinely believe they are not responsible because they believe they were paying attention, even though they were also using their phone. When that happens, you have to produce evidence that proves what they were doing.
Eyewitness evidence is great here. If someone in the area saw that they were on their phone, this will be great for your case. If you saw them on the phone, that’s helpful, but a he-said/she-said situation is never the strongest case. It’s better if there’s a third party who observed it.
Video evidence may also have captured their behavior just prior to the accident. If you know they were on their phone, and they refuse to acknowledge it, you can also ask your lawyer to subpoena their phone records, which may reveal what they were doing at the moment the accident took place. Check out this site to connect with a lawyer who can help you find everything you need to prove your case.
It can get tricky to prove distracted driving, but an experienced lawyer can help you to do so.
