Are you someone that texts a lot on your phone? How about when you’re driving? Texting while driving is usually something that you can see at least once a day while on the road. However, there are many forms of distracted driving and texting while driving or even talking make up a few of them.
Many states have passed laws regarding texting on their cell phones that make it illegal. Even in states that have these laws and those that do not, distracted driving like this qualifies as negligence in a court of law. If you have been involved in an accident involving texting while driving or another form of distracted driving, speak to an auto accident lawyer right away.
But is proving your case in court more difficult than you might think? We’re talking about texting while driving and distracted driving in general today, so if you are interested or think that this pertains to you, then read on to find out more.
Is texting while driving easy to prove in a court of law? Believe it or not, this offense can be a tough one to prove in court. While intoxicated driving can be detected via tests or a breathalyzer or even smell, texts aren’t as easy to pin down. While proving someone was texting or distracted driving at the time an accident happened can be difficult, it’s not outside the realm of possibility.
It helps if eyewitnesses were on the scene of an accident and even police officers, but if there weren’t (and even if there were), hiring an attorney is a good move. Going for a consultation in Florida could help you if you think that your accident was caused by a driver that was texting at the time. A lawyer or attorney will be able to protect your rights while helping you prove that someone was texting at the time.
Attorneys may be able to get a subpoena of the phone record of the driver. This comes with time stamps of calls as well as the texts on their phone. They will also help you get eyewitness statement, reports of the accident, and even cell phone records. An attorney can go through the laws with you, but basically, you have the ability to request as well as review evidence that can potentially prove that a driver was texting and driving. Cell phone records are obtained by demanding them in written discovery or a subpoena.
Other states have banned texting and driving. Now Florida is following in their steps with the institution of House Bill 33 that is effective starting July 1, 2018. However, a law is no guarantee that you won’t find yourself the victim of a distracted driving car accident.
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