North Chicago & St. Louis Injury Updates
If you or somebody you love had been injured in an accident that was caused by a driver who was texting and driving, you may be entitled to significant compensation. Texting and driving accidents are often severe, but they can be difficult to prove. Here, our team of car accident lawyers in Chicago want to discuss various ways that victims can prove the alleged negligent driver was texting and driving at the time the crash occurred.
Ways to prove texting and driving
The best chance you have at maximizing compensation after a car accident is proving the fault of the other driver. If this involves discovering that they were texting and driving, this can be a complicated process. In order to prove texting and driving, some or all the following steps may be necessary.
Contact the police
The most important step to take following a car accident is to notify the police so they can come to the scene and conduct an initial investigation. In some cases, the police officer will note in their report that they believe one of the drivers was distracted at the time of the crash. Make sure that you tell the police officer on the scene that you believe the other driver was texting at the time of the crash.
Speak to eyewitnesses
If there were any eyewitnesses to the crash, get their names and contact information. Witnesses who may have seen the other driver texting can include your passengers, passengers of the at-fault driver, pedestrians on the street nearby, and those in other vehicles.
Look for signs of texting and driving
Immediately following a crash, you should look for signs that a driver may have been texting. This can include them holding their phone or a phone located on their floorboard or on the seat next to them. While this may not be definitive proof that a driver was texting, this is a starting point.
Have an attorney subpoena the other driver’s phone records
It may be necessary to subpoena a phone company to obtain phone records of the at-fault driver. This is a complicated process and will require assistance from a Chicago personal injury attorney who understands the legal legwork that needs to be conducted.
Check out social media
As most everybody knows, texting is only one thing that might distract a driver. All too often, distracted driving crashes occur because a person was busy browsing or posting on social media. This includes Facebook, Twitter, Tik Tok, Instagram, and more. It may be necessary for your attorney to gain access to these social media posts to see if any of them correlate with the time of the accident.
Working with an attorney
When attempting to prove that somebody caused your accident because they were texting and driving, you will likely have more success by working with a knowledgeable and experienced attorney. An attorney will have the resources necessary to file all paperwork involved and obtain any evidence needed to help your case. A Chicago personal injury attorney will work diligently to recover all of the compensation you deserve for your case, including medical bills, lost wages, general household out-of-pocket expenses, pain and suffering damages, and more.