Distracted driving is a prevalent cause of car accidents in the United States. It happens when drivers engage in activities that divert their attention away from the road. This behavior is especially hazardous as it disconnects the driver manually, visually, and cognitively from their surroundings, making them more prone to causing severe and catastrophic collisions.
The most common form of distracted driving among many motorists is the use of cell phones. This behavior is not only a dangerous practice but also against the law. So, if you or a loved one gets hurt in a crash where a driver was using their cell phone, a texting while driving accident lawyer in Santa Fe can help you file a claim for compensation.
At Lone Star Injury Attorneys, we aim to offer The Gold Standard in Personal Injury™. Our Santa Fe car accident lawyers know that texting while driving can cause devastating accidents, resulting in life-altering injuries and sometimes fatalities. We want to help you and your family move forward. Call today to get started.
Determining Fault in Texting and Cell Phone Accidents
To succeed in your personal injury claim, you must establish that the accident was the fault of another party. This necessitates the gathering of all necessary evidence to demonstrate negligence on their part. Negligence encompasses four fundamental elements that serve as the foundation for any injury claim in Texas:
- Demonstrating the existence of a duty of care.
- Showing how that duty was breached.
- Establishing a clear connection between the breach and your injuries.
- Proving that you have suffered losses as a result of the other party’s breach of the duty of care.
A seasoned Santa Fe personal injury lawyer is instrumental in proving liability in Santa Fe texting and cell phone accidents. With their knowledge, resources, and skills, they can establish liability through:
Eyewitness Testimonials
Eyewitnesses can play a crucial role in establishing fault in the aftermath of a texting and cell phone-related accident. They offer firsthand accounts of the events leading up to the crash, providing unbiased perspectives on the driver’s behavior before the accident.
These accounts can significantly bolster your claim, particularly when your attorney is also examining other sources of evidence, such as cell phone records. It’s imperative to contact as many eyewitnesses as possible immediately following an accident.
The consistency and credibility in their recollection of the events leading to the incident can have a substantial impact on determining liability and strengthening your case.
Surveillance Footage
Surveillance footage, such as CCTV and traffic camera recordings, provides indisputable visual evidence to confirm the other driver’s cell phone use while driving. Your Santa Fe texting while driving accident attorney can obtain and present these audio-visual records to solidify your claim.
Moreover, they can use this footage to corroborate eyewitness testimonies, reinforcing your side of the story. Surveillance footage is a potent resource for establishing a breach of duty and demonstrating causation.
Cell Phone Records
Cell phone records are among the most accurate pieces of evidence your attorney can utilize to establish that the other driver was distracted in the moments leading up to a crash. Typically, cell phone records encompass text messages, location data, call logs, and data usage.
If the retrieved information indicates that the other driver was using their cell phone at the time of the accident, your personal injury attorney can vigorously pursue the maximum compensation from the at-fault party.
Vehicle Data
Modern vehicles are equipped with advanced data recording devices, such as Event Data Recorders (EDRs), often referred to as “Black Boxes.” These devices capture and store vital information regarding a vehicle’s movement at any given time.
Unfortunately, information from EDRs cannot be used to accurately prove that the other driver was using their cell phone at the time of the crash. However, seasoned attorneys can utilize the recovered information to establish critical facts about the crash, such as the driver’s behavior before the collision.
For example, speed, acceleration, and braking patterns may be employed to demonstrate inconsistent driving patterns or erratic behaviors. When combined with other pieces of evidence, such as eyewitness statements, vehicle data can play a crucial role in proving a texting and cell phone-related accident in Santa Fe.
For a free legal consultation with a texting while driving accident lawyer serving Santa Fe, call (832) 449-8230
Protecting Your Rights After a Texting and Cell Phone Accident
With the National Safety Council reporting that over 1.6 million distracted driving accidents occur every year in the U.S., you could be a victim. Understanding the steps you must take to protect your rights is essential. Our texting while driving accident attorneys in Santa Fe recommend that you:
- Stop and remain at the scene
- Call the local police department
- Seek medical evaluation and treatment
- Collect evidence and document the crash
- Speak with eyewitnesses and record their contact information
- Exchange contact and insurance information with the other driver
- Contact a local auto wreck attorney
Santa Fe Texting While Driving Accident Lawyer Near Me (832) 449-8230
Call Our Texting While Driving Accident Attorneys Today
At Lone Star Injury Attorneys, our car accident attorneys take pride in representing personal injury victims throughout Texas, vigorously advocating for their rights. We are committed to pursuing every dollar of compensation you rightfully deserve.
If you’ve been injured in a texting and cell phone-related accident in Santa Fe, don’t hesitate to contact us today to arrange a complimentary case evaluation.
Call or text (832) 449-8230 or complete a Free Case Evaluation form