Texting and cell phone accidents have been skyrocketing day after day, thanks to the technology we enjoy. While we embrace the ease with which we move around and carry out our daily business, we must also be aware of the dangers that come with cell phones, more so for motorists. The Department of Transportation estimates that at least 1.6 million car accidents reported in the U.S each year stem from texting and cell phone usage.
As shocking as most of these crashes, some victims give up on their rights due to the expensive nature of pursuing justice through insurance companies or court systems. The compensation process is also time-consuming. Nonetheless, with the dedication of the legal teams at Lone Star Injury Attorneys, victims of Fort Bend County texting and cell phone accidents can breathe a sigh of relief. We represent clients all over the Texas area on a contingency fee arrangement where we only get paid for our legal services if you are compensated.
One of the most common questions we get from texting and cell phone accident victims are how they can prove that the party at fault was using their cell phone at the crash. Well, our car accident attorneys have handled similar cases before and understand the pivotal role played by cellular phone records when proving a Fort Bend County texting and driving accident case.
Once your claim has started, there are two significant ways you can prove that the defendant was on their cell phone moments before the accident. You can demand the driver to provide printouts of all calls and messages received on the day of the crash. If this approach doesn’t yield any favorable outcome, you may subpoena the cell phone carrier to furnish you with the duplicate records.
Another popular tactic our aggressive attorneys use is sending a preservation letter to the defendant (the driver who caused the accident) demanding that they preserve all call logs and messages received from the day of the crash. This includes moments before the accident. This is often a game-changer in civil lawsuits since any deletion or tampering with these records may be presumed as spoliation of evidence. The timing in these scenarios is crucial, and you should contact a dedicated attorney as soon as possible.
Your ability to collect damages from a car accident claim boils down to how best you can prove that the other party was to blame for your injuries. In other words, can you prove they were negligent, and their actions caused your injuries? The best way to show this is through witnesses. They can be those who saw the accident happen or experts who piece together the facts of your case to recreate the moments before the crash.
An eyewitness can provide objective accounts of what transpired. Since the accident unfolded before their eyes, they can easily tell who was at fault, or better still, whether they saw the other driver using their cell phone. Eyewitnesses can be pedestrians, other drivers, construction zone workers or passengers of public transit vehicles. If the eyewitness is related to the defendant, they may be biased and inclined to take their side. That’s why you must get independent third-party testimonials, and ensure they also appear in person during court proceedings if your case goes to trial.
You can also employ the experience of expert witnesses to prove your claim. Some Fort Bend County cell phone-related crashes can be complicated and therefore require an expert review. Professionals in science, physics, and engineering are significant assets in putting together the circumstances of your accident to pinpoint liability. They can help recreate the moments leading to the crash and establish whether driver negligence could have played a role. Retaining such experts calls for a professional approach to your case, and you must hire a resourceful attorney to handle your claim.
Gathering evidence to prove that the other driver was distracted can be challenging, especially when you don’t know where to start. It can also be time-consuming and expensive for persons who have suffered severe injuries. By retaining our car accident attorneys to pursue compensation in your Fort Bend County texting and cell phone accident, you get a chance to lead a normal life with the compensation that you get. Talk to us today to get started.