As phones and the ability to send messages via text became more prevalent in modern society, a new problem arose on the road. Texting while driving is incredibly dangerous, and it has become a very serious problem on all of Alabama’s roadways. Texting interrupts a driver’s focus and occupies their hands when they really should be focusing on driving and the surrounding area. If something sudden happens when a driver is texting, they can easily get in a car accident since they cannot react fast enough.
If someone was texting while driving and injured you in an accident, you can sue them in court. You will need to prove that they were texting and driving in court, and you can do so through various forms of evidence, including witness testimony, video footage, or even data from their own phone. The first step in this process, however, is retaining legal counsel.
To get a totally obligation-free review of your claim, call Howe Law’s Alabama car accident lawyers at (844) 876-4357.
Ways to Prove that the Defendant Was Texting and Driving in an Alabama Car Accident Claim
The most important part of a car accident lawsuit where you allege the defendant was texting at the time of the accident is that you are able to prove that they were texting. To prove things in court, you support them with evidence. While there are rules our Alabama personal injury lawyers – and defense counsel – must follow regarding evidence, pretty much anything can be used as evidence if it can help support or deny an assertion in a case. Accordingly, many different things can be used to prove in court that the defendant was texting while driving in your case.
Their Own Phone
Perhaps the most convincing proof that a defendant was texting while driving is text messages on their own phone before and during the crash. Having that evidence would seriously bolster your claim.
You may be wondering, then, how exactly you can go about getting the defendant’s own text messages. Any sensible person would not hand something over that would likely incriminate them. However, there is a legal process called “discovery” that happens before a lawsuit, where lawyers exchange relevant information before a case. The idea is to have both sides working off the same set of facts and evidence.
In a “discovery request,” our attorneys can ask for any texts sent to or from the defendant within a certain timeframe, namely, around the time of the car accident. Under some circumstances, we may even be able to get access to all of their phone data, although that is unlikely.
A defense attorney may try and deny a request to see their client’s texts, but we can argue that such information is crucial to the case and work towards convincing the judge to compel the defendant to hand over the texts if they protest.
Other People’s Phones
Texts appear in two places: on the defendant’s own phone and on the phone they sent it to. Therefore, if you can get access to a phone the defendant sent their text to when they were driving, you can also use that to help prove that they sent the text.
One benefit of this is that, in order for the defendant to refute that they were texting this person at the time of the accident, they would have to produce their own phone to show that they were not texting. In that way, they may end up having the jury be shown a text they sent from their phone and the phone they sent the text to.
Witness Testimony
Another powerful tool for proving that a defendant was texting and driving is witness testimony. If somebody saw the accident happen, they can testify in court as to their recollection of the events. Part of that is their opinion as to what caused the accident. If a witness had a good enough look at what was going on, they may be able to confirm that the defendant was texting and driving.
Other Distractions Besides Texting that Cause Alabama Car Accidents
Texting and driving fall under a subset of behaviors that constitute “distracted driving.” Distracted driving is dangerous because it takes a driver’s attention away from the road. In Alabama, texting or manipulating a handheld device while driving is prohibited by law. This also criminalizes things like playing games on your phone or talking without a hands-free device, both of which can also result in accidents.
However, there are other behaviors that are forms of distracted driving but are not criminalized because they do not involve handheld electronic devices. If you were injured by a driver doing one of those activities, you should certainly file a claim against them to get compensation for any injuries you sustained.
Eating and Drinking
Many people eat food on the go. Depending on work schedules and other general business, individuals may choose to eat a meal when driving. This is dangerous for many of the same reasons as texting while driving – it occupies your hands and takes attention away from the important task at hand – driving.
Grooming Oneself
Many people try to fix their appearance in their car while on the way to work or some other important function. However, doing so while also trying to drive can make a mess of things by causing an accident. Things like putting on makeup, fixing hair, shaving, or other things that really should be done in the restroom instead of the car also constitute distracted driving.
Chat with Our Alabama Car Accident Lawyers Now
Howe Law’s team of Birmingham car accident lawyers is ready to help you with your claim when you call us at (844) 876-4357.
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