What Can I Do If I’m In An Accident With Someone Who Was Texting
Brian O Sutter
Traffic Accidents
Imagine you are running errands and without notice you see someone coming at you and they do not see you because they are texting. What happens now? If you are hit by a driver who is texting on their phone, it falls under Florida’s distracted driving law. This law bans drivers from using a cell phone to write, read, or send text messages. This also includes instant messages and email. Once you are hit there are some steps you need to take.What To Do If You Are Hit By A Texting Driver
Once you are hit there are some assessments you need to make and steps to take. They include:
● Check the conditions of your passengers as well as yourself.
● Call the police and answer all their questions honestly. Do not guess and do not make any statements that could be seen as being in any way to blame. Make sure you report the driver at fault was on the cell phone.
● Get checked by a physician and your passengers as well.
● Get photos of the entire accident site. If you cannot, ask family or a friend to do so.
● Get the information from all witnesses.
● Contact a lawyer
Remember that the more information you have, the more proof you have.
How Do I Prove They Were Texting When They Hit Me?
It’s pretty obvious that it is hard to prove the other driver was texting. This is where the services like those from an attorney is vital to prove guilt and get you the compensation you deserve. The only way you can positively prove that the other driver was texting is with their phone records. Unfortunately, they are almost impossible to get. The following are some ways your attorney can prove the driver at fault was texting:
● Witnesses: These can be other drivers, pedestrians or bystanders. They should provide their statement at the scene of the accident. Sometimes, your witness may be unwilling so your attorney may need to subpoena them to give testimony.
● Police Report: Police officers must complete the accident report right away and will state the other driver was at fault. Sometimes they will also testify for you.
● Security/Video Camera: Most Florida Intersections have cameras. Sometimes a security camera shows the driver texting. Your lawyer can request the owners of the tape to provide it for court.
● Cell Phone Records: This demonstrates the need for an experienced attorney. In every state of the union you have to obtain a subpoena for the cell phone records of the driver who was texting. Your attorney can get the information that you need, that you cannot get quickly or at all. This will demonstrate that the driver at fault was texting at the time of the accident.
Can I Sue A Driver For Driving And Texting
The state of Florida uses a no-fault rule even when it comes to accidents where the at fault driver is texting. So, you can usually file with your own insurance. But your attorney can help you decide if you want to file for damages. You can file a lawsuit if:
● Your injuries are severe enough to be permanent. Since drivers who text often don’t realize their speed it can lead to you ending up with a permanent disability.
● The bills and damages are more than the $10,000 as a result of the accident.
If you are thinking of taking legal action against the driver who was texting, it is recommended that you consult with an attorney to make sure you can get the compensation you deserve.
The experienced and highly qualified attorneys at All Injuries Law Firm can provide a free evaluation for you at any of their Southern Florida. With over 30 years helping auto accident victims, we’ve helped many victims prove the other driver was texting. Call us for a free consultation at 941-625-4878 or 888-393-9036 to learn more.