Studies suggest that an estimated 80 percent of all car accidents in the United States are due to some form of distracted driving. Since cell phones have become so common, texting and driving has now unfortunately become a common occurrence on the roads. This phenomenon makes up for a total of 25 percent of distracted driving cases in the United States, leaving thousands of victims injured in its wake.
Keeping all this in mind, it should come as no surprise that cell phone usage is the number one cause of distracted driving. This statistic is even less shocking when you know that the National Safety Council has found that an estimated 800,000 distracted drivers use their phones on the road in the United States every day.
Unfortunately, Colorado is no exception to this epidemic. While 97 percent of polled teen drivers agreed that texting while driving is very dangerous, 51 percent of them still admitted to doing it anyway. To make matters worse, 66 percent of them also admitted to having phone calls while driving—and 38 percent admitted to taking their eyes off the road while texting and driving.
These facts and figures do not have to be—and should not be—our new normal. While such actions may seem relatively harmless and minor, they can easily lead to serious auto accidents. And if you are involved in a car accident with someone who was texting and driving, it can feel impossible to prove that they were at fault. Fortunately, we are here to help. In this blog post, we will give you a brief overview of what to do if you are ever involved in an automobile accident with someone who was texting and driving.
It may feel impossible, but there are ways to prove that someone was texting and driving at the time of your auto accident. These include cell phone records, witness accounts, officer testimonies, video footage, and accident reconstruction. We will briefly go over the details of all of these one by one.
Cell phone records are the most obvious way you can prove that someone was texting at the time of your car accident. Unfortunately, they are not too easy to procure. In order to get a copy of somebody’s cell phone records, you must petition to have them used in your case. This option is not always available to private individuals. Fortunately, a good automobile accident attorney can help you subpoena a negligent driver’s records.
Furthermore, witness accounts are another particularly valuable piece of evidence in any personal injury case. You have to remember that, in any accident case, juries can only go based on the evidence you provide. Otherwise, the case may be little more than a “he said, she said” situation. Following your car accident, you will want to procure as many potential witnesses as possible. These witnesses may be bystanders, other drivers, pedestrians, or passengers. You should make sure to get their contact information. They may need to be subpoenaed to give a testimony about what they saw.
In addition to this, you should also always remember to file a police report after an auto accident. Police reports can act as a form of officer testimony—making them a valuable piece of evidence. However, such reports must be completed immediately after the accident. This means you should call the police to the scene to document your case as soon as possible. In the state of Colorado, you can even request a copy of your accident report online. Make sure you tell the officer everything you witnessed before, during, and after impact. This includes any cell phone usage on behalf of the other driver.
Of course, physical evidence always holds a lot of weight in court as well. No matter how unlikely it may seem, you should never forget to check if your accident was captured on any nearby cameras. You may be able to find footage on police dash cameras, cell phones, or security cameras. In order to get this footage, you should always ask any potential witnesses and nearby businesses if they have footage of your accident. A Colorado car accident attorney can also help you procure a copy of any possible tapes.
Finally, accident reconstruction may also be an option. Because this can only be carried out by an accident reconstruction expert, it may not always be useful in every case. However, in the right cases, accident reconstruction can be very beneficial. You may be wondering what exactly this entails. Accident reconstruction experts do exactly what it sounds like—they reconstruct the accident as exactly as possible in order to best understand what happened at the time of impact. Your personal injury lawyer may be able to put you in contact with the best accident reconstruction expert for your case.
It can feel difficult and overwhelming to take care of a distracted driving claim on your own, especially if you do not have a full and comprehensive understanding of the law. You need someone on your side you can trust. Fortunately, you do not have to go through it alone.
If you or a loved one have recently been involved in a car accident, we at Injury Victim Law may be able to help. Though we are a Colorado-based firm, our team of experts and investigators is ready and available to assist personal injury victims all across the country. Most auto accident claims are able to be settled out of court. We can help you every step of the way—and even take your case all the way to litigation if need be.
You should never have to pay for somebody else’s mistakes. Contact us today to schedule an initial consultation with one of our trusted nationwide auto accident attorneys. We have helped countless clients successfully resolve their automobile accident cases. We can help you too. This is not the right time for you to deal with any extra stress. Let us fight for you and get you the compensation you rightfully deserve.