How to Prove the Driver That Hit You Was Texting in Texas

Texting while driving is a common cause of car accidents in Texas and nationwide. But proving the driver that hit you was texting is not always as straightforward as it may seem. When a car accident causes injuries, you may need to acquire and present evidence to prove the driver that hit you was texting in order to secure the compensation you deserve.

The Texas personal injury lawyers at McKinney Vos have years of experience representing people injured in Texas car accidents. We have a record of success and know how to prove the other driver was at fault. To put our expertise to work for you, contact us today to schedule an appointment to discuss your situation and how we can help.

Texting and Driving in Texas Is Illegal

Texting and driving has been illegal in Texas since 2017. Some Texas cities ban drivers from using a cell phone for any reason. A first offense for texting while driving carries a fine of $99. A second or subsequent offense is punishable by fines of up to $200. If someone is texting and driving and causes an accident that results in injury or death, the texting driver could face additional criminal charges and penalties and should be held civilly liable for the harm they caused.

A guilty finding in a criminal case can be used as evidence in negotiations with the driver’s insurance company and in a civil case to prove the other driver was negligent. But if no criminal charges were filed, how do you prove texting caused the accident?

How to Prove Texting Caused the Accident

To establish liability in a Texas car accident case, the injured person must prove their case by a preponderance of the evidence. This is the lowest burden of proof in the American legal system, and it means it is “more likely than not” that the other driver was doing something that caused the collision.

Here are some ways your lawyer can prove a texting driver caused the accident.

Phone Records

The car accident injury lawyers at McKinney Vos can request cell phone records from the driver who hit you. These records may show whether the driver made or received calls or text messages in the time leading up to the accident.

Security Camera Footage

If there is any security camera footage of the accident, it may show whether the driver was using their phone at the time of the crash. Video and surveillance camera footage can come from phones, traffic cameras, dash cams, and even video surveillance systems in nearby homes or businesses.

Witness Testimony

During their investigation of a car accident, police officers often ask for witness statements. Pedestrians, passengers, and other motorists who saw the accident may have provided police with witness statements and might be willing to help prove that the driver who hit you was texting.

Accident Reports

The accident report includes important details about the crash and can be used to help prove who was at fault for causing the accident. If the police report includes statements that the driver who hit you was texting, your lawyer can use those statements to prove the other driver caused the crash.

Accident Reconstruction

McKinney Vos often works with accident reconstruction experts to help prove liability in a car accident case. These experts have the education, experience, and training to reconstruct how a car crash happened and can often show that the driver who hit you was texting, talking on the phone, or not paying attention.

Proving Liability for Texting and Driving

All drivers owe one another a duty of care to act reasonably to protect others from unreasonable harm. When a driver engages in dangerous conduct — like texting and driving — that has been proven to endanger other people on the road, that driver can and should be held liable for the harm they cause.

How Can a Personal Injury Lawyer Help?

The experienced Texas personal injury lawyers at McKinney Vos can obtain the accident report, security camera footage, and other evidence that can be used to prove the driver that hit you was texting. We can prepare a compelling demand package that can be used to convince the insurance adjuster to pay the maximum amount to resolve your personal injury claim.

And if the insurance company refuses to make a fair offer, we have the expertise to take your case to court, where our lawyers will continue to work to obtain an optimal result. To learn more, we invite you to contact McKinney Vos today to schedule a free, no-obligation appointment to discuss your situation and how we can help.