Distracted driving car accidents take place regularly. They leave thousands of people with life-threatening injuries, damages, and time lost. Of the distracted driving cases in the United States, about 25% are related to texting.
Today, roughly 80% of all car accidents in the United States are related to not paying attention, including cell phone use. Cell phones are the leading cause of distracted driving. In fact, according to the National Safety Council, on any given day 800,000 distracted drivers use their phones on the road in the US.
In Colorado, 97% of teenage drivers believe that texting while driving is very dangerous but 51% of them do it anyway. And they don't just stop at texting. 66% of these teenage drivers admit to talking on their phone while driving, and another 38% admit that they don't look at the road while they are texting and driving.
Consequences from distracted driving can be life-altering for the people involved. Most texting while driving accidents are not minor incidents. We see significant damage to both people and property as a result.
Some of the questions that our Denver Distracted Driving Attorneys are often asked include:
- Can you prove someone was texting and driving?
- What evidence do you need?
- What should I do if I have been hit by someone who is texting and driving?
- Am I entitled to compensation?
- How much compensation am I entitled to?
- What are my next steps?
At Anderson Hemmat, we have helped hundreds of clients seek compensations for their Colorado distracted driving accidents. In this article, we help you understand the answers to your questions, and learn more about what you can do next in order to find out if you have a personal injury claim.
Can you prove someone was texting and driving?
Yes, there are ways that you can prove texting while driving caused an accident. The best way to do this is to work with an attorney who has access to the information you need, to get compensation for your texting while driving accident.
There are at least 5 ways that you can prove that someone was texting while driving in Colorado.
5 Ways to Prove Someone is Texting and Driving
At Anderson Hemmat, we have helped hundreds of texting while driving victims get the personal injury compensation they deserve for their cases. The main methods we use to prove someone was texting while driving are:
1. Cell Phone Records
You can petition to have cell phone records used in your case in order to prove that another driver was texting while driving, specifically at the time that the accident occurred. In order to subpoena the cell phone records of a potentially negligent driver, you will need the help of an experienced distracted driver attorney in Colorado. For cell phone records, car accident attorneys can get what you need even if you, as a regular citizen, cannot. Experienced texting while driving attorneys will know how to get phone records quickly.
Witnesses can include bystanders who saw the accident take place, other drivers, or pedestrians. Witnesses should provide their statement to the police officers at the scene of the accident as quickly as possible. In some cases, your witnesses may need to be subpoenaed to give a testimony about the texting while driving behaviors they saw.
3. Officer’s Testimony
If you are trying to prove distracted driving while filing a lawsuit, having a police report where an officer's testimony specifically states that the other driver is at fault and was negligent can be incredibly helpful. Police reports must be completed immediately after the accident and include details pertaining to the circumstances of the accident in order to prove negligence. You might even be able to have that police officer provide testimony on your behalf.
4. Security Feed/Video Footage
Depending on the location of the car accident, you could very well have video footage from a police dash camera, a cell phone, or a security surveillance camera at an intersection. Other drivers may have filmed it by accident. All of these videos can be obtained by your distracted driver attorney in Colorado and presented as evidence in order to prove negligence. Our attorneys can request footage from the owners of whichever cameras are necessary in order to see if it contains the necessary evidence.
5. Accident Reconstruction
Accident reconstruction can be completed by an accident reconstruction expert to understand exactly what took place at the time of impact. With proper reconstruction, they can prove the only explanation was a driver not paying attention to the road. This is something that may not be useful in every case and can only be performed by an expert which is why it is important to discuss your particular case with a qualified distracted driving attorney.
What should you do if you have been injured in an accident by a texting driver?
1. Call 911 Immediately
You should call 911 immediately. Get an officer on the scene to document evidence and take statements as soon as possible. All of this could help you with your case in the end.
2.Seek Medical Attention
Seek medical care immediately after the accident as well. Even if you don't feel like you were injured, it is important that you go to a doctor or an emergency care facility to receive an examination. If you were injured with a common car accident injury like whiplash, the symptoms of the injury may not manifest immediately.
If you decide that a small ache or pain doesn't warrant a trip to the doctor, and that small ache or pain gets worse with time, you may not be entitled to full compensation. It is your responsibility to get the issue examined by a physician and treated immediately. Even if you don't feel much pain, just a little soreness or stiffness, it is in your best interest to undergo a medical exam from the very beginning.
3. Document What Happened
At the time of the accident, it is important to document what happened. Don’t rely only on police documentation. Take as many pictures as possible. While you certainly shouldn't use your phone while driving, in the event of an accident you can use your phone to document as much as possible.
This could include:
- Snapshots of police reports with their permission
- Pictures of the damage to the vehicles
- Pictures of the surrounding areas including the nearby buildings which may or may not have security cameras
- Pictures of the drivers and their insurance information
- Documents and photos of any injuries
Even if those injuries are small, having pictures at the exact time of impact can help. Pictures will help develop evidence for your case as well as give data to your attending physician. Many physicians appreciate having pictures of injuries because the manifestation of certain symptoms may no longer be present when you finally make it to the doctor but having pictures can help the doctor to provide a more accurate diagnosis.
4. Speak With A Distracted Driving Attorney Near You
If you are injured in an accident involving a driver who is texting, it is imperative that you immediately call an attorney. You want an attorney to help you from the very beginning. It makes the process go much faster and much easier for you if you don't have to try and backtrack.
Why should you talk to an attorney about your car accident?
You should talk to an experienced attorney about your car accident because every case is different.
1. Find Out if You Are Entitled to Compensation
Just because you were injured does not mean you will receive compensation. You have to prove that there was negligence. Negligence is something an experienced attorney can prove much more efficiently and effectively than you would be able to do on your own.
2. Your Colorado Distracted Driving Accident Case Is Time Sensitive
You should talk to an attorney in order to make sure you hit every deadline possible. The legal system has a statute of limitations for car accident claims and you don't want to miss your deadline and, by extension, miss your opportunity to get the compensation you deserve.
3. Navigate the Law
Distracted driving attorneys in Colorado are well acquainted with the steps involved to submit a claim to the insurance companies involved, and if necessary file a lawsuit. Insurance companies are going to fight tooth and nail to downgrade the compensation to which you are entitled but if you have an attorney fighting for your legal rights, you can get everything that you need, and you can get it fast.
4. Quick Settlement
Most car accident cases settle before they go to court and with the help of a qualified attorney, maybe yours can settle too.
5. Peace of Mind
Most importantly, you should talk to an attorney so that you don't have to worry about adding legal stress to your plate while already dealing with car accident injuries, damages to your vehicle, medical bills, and potentially the loss of a loved one. Let us handle that for you.
Finding the Best Texting While Driving Attorney in Colorado
If you need to find the best texting while driving attorney in Colorado, specifically Denver, Fort Collins, Loveland Colorado, and the surrounding areas, there are a few things you want to look for.
- Look for a distracted driving attorney who has worked with cases similar to yours. While every case is different, there are plenty of types of distracted driving and you want an attorney who is working specifically with cases where the other driver was texting. The more experience the attorney has with cases similar to yours, the better qualified they will be to handle your case.
- Look for a distracted driving attorney with a history of satisfied clients willing to vouch for the company. You should be able to look at case history upon request to substantiate the qualifications of the firm.
At Anderson Hemmat, our experienced Denver Distracted Driving Attorneys have helped people receive compensation for their personal injury claims for over 60 years. Our attorneys have the skill and experience to make sure you receive the maximum compensation for your texting while driving car accident.
Give us a call today for a free case evaluation. We will assign you to one of our lawyers who is the best fit for your case based on their past experience and we will speak with you one on one to help you learn:
- What you are entitled to
- What to do next
- How long the process will take
- What to expect
- And answer any questions you may have
Don’t wait, time is not on your side, and you need the best texting while driving attorneys in Colorado for the job. Call Anderson Hemmat today.