Texting While Driving: How Lawyers Prove it in Court

Texting While Driving: How Lawyers Prove it in Court

Texting is one of the most dangerous things a driver can do behind the wheel. Indeed, research shows that people who compose or read text messages while driving can be up to six times more likely to cause a car accident.

When these distracted drivers do cause an accident, Texas laws protect the injured. People who are hurt by distracted drivers are entitled to pursue full compensation for their injuries. This can include:

  • The cost of medical care
  • Loss of income
  • Property damage
  • Pain and suffering

No Car Accident Case Is Ever Open-and-Shut

While the damages may seem clear, no case is ever open-and-shut. Personal injury attorneys must put together strong evidence to show that the driver was texting behind the wheel and that this texting caused the accident.

At The Law Firm of Ted B. Lyon & Associates, our Texas personal injury lawyers represent clients in Dallas and the surrounding areas in a broad range of complex auto accident claims, including cases involving texting drivers. We pay close attention to the evidence to build a strong case.

Evidence of Texting and Driving

There are several ways to prove that a driver was texting while driving. Interestingly, one of the most common is that the driver admitted it. Police records sometimes show that during interviews with drivers after the crash a driver admitted to police that they were texting. 

Another way to prove texting and driving is to pull records from the driver’s phone company. A legal document called a “subpoena” forces the phone company to turn over records, which show if the driver was receiving texts, sending them or otherwise using the phone at the time of the crash. 

As lawyers, we compare those records with the accident timeline to get a true picture of what was going on.

Traffic cameras can also help. If the car accident happened in an area that happened to be in view of traffic cameras, we can subpoena those records as well. Reviewing what the cameras caught at the time of the crash can reveal lots of information about the driver’s actions.

Hurt by Someone Who Was Texting? Call Our Lawyers.

If you have been hurt by someone who was texting behind the wheel, contact our office to schedule a free initial consultation with an attorney. 

You can reach us by phone at 866-503-4864 or complete our send us a message. We handle all personal injury cases on a contingency fee basis. Home and hospital consultations are available if you are unable to visit our office.