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How to Prove an At-Fault Driver Was Distracted


When a car accident happens, knowing who’s at fault for the accident will be a major part of your claim. Texas is a fault state, which means that the at-fault driver is also financially responsible for the car accident. However, you’ll have to also prove how they were negligent, which means that if the other driver wasn’t paying attention to the road, you’ll need to know how to prove the at-fault driver was distracted.

If you’re struggling to recover and get the compensation you need, you may need help finding the evidence you need to prove the other driver was distracted. Fortunately, you’ll have a chance to do so with the help of your attorney.  

Using the Accident Report

When your accident happened, there’s a chance that you weren’t the only one to witness it. You’ll have the word not just of those around the accident but also the police officer who arrived at the scene, and all these witnesses can help.

The police officer will need to file an accident report about your car crash, which can help you defend your claim. If the officer noted any signs of distracted driving, for example, you may be able to use their report to show that the other driver was negligent.

In some cases, the other driver may have even admitted it themselves. For many people, their first reaction is to take responsibility or to mention that they were distracted. If they do mention that they were texting, eating, or even adjusting the radio, you may be able to use their words to your advantage.

This valuable info and more can usually be found in your car accident report, so make sure you know how to request a copy of your accident report.

Phone Records Can Help

While not every claim will involve texting or talking, in some cases you may be able to use the other driver’s own phone records as evidence for your auto wreck claim. If you saw that they were texting, talking, or otherwise on their phones at the time of the crash, you might be able to use their phone records to your advantage.

For example, you may know that your accident happened at 4:15 pm and that they were on their phone. If their phone records state that they were on the phone during that time, that evidence can be used to support your claim. Their text messages should also have a timestamp showing when the text was sent or received.

Prove Your Distracted Driving Claim with Legal Guidance

It’s unfortunate, but not every driver will be careful with your safety. In fact, distracted driving is a major problem in many areas, causing accidents regularly. That’s why you’ll need to know how to prove an at-fault driver was distracted before you begin your injury claim.

At Crain Lewis Brogdon, LLP, we understand how important it is to get your full compensation after a car accident, so we’ll help you determine whether the at-fault driver was distracted and what evidence you can use to prove that.

We also offer free consultations if you have questions and want answers before you sign anything. During your consult, you and your Texas lawyer will discuss your claim and what we can do to show that the other driver was at fault.

When you’re ready to get started, your attorney will be ready to help you. Get started by calling 214-522-9404 or by completing the online form below.