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Driving and Texting: Proving Fault

In the state of Illinois, it is illegal to text while driving. That is not to say that everyone follows the rules, of course, and that means that accidents caused by this easily avoidable issue continue to be a serious problem. Despite the rising knowledge and caution regarding just how dangerous texting and driving can be, it remains an issue that leads to thousands of injuries every year. And, unfortunately, this can be a difficult case to prove. If you have been injured in an accident with someone who was texting on their cellphone while driving, it’s time to reach out to an experienced attorney who understands how best to pursue these kinds of cases.

Find a Witness

For obvious reasons, it can be hard to definitively and convincingly claim that you saw the other driver on their cellphone right before the accident happened. Most people will assume that you were watching the road and had no idea what was happening. With that in mind, it becomes very important to find witnesses to the accident who can help corroborate your assertions. This is true even if all you can do is prove that the other driver was on their cellphone as opposed to definitely texting. This witness might be another driver, someone who was on the side of the road and saw the accident, or even a passenger in one of the vehicles involved.

Cameras and Evidence

Another potential resource at your disposal when it comes to proving that the other driver was texting and driving is via cameras. There are a few different scenarios that might yield this result. First of all, are there cameras in the area where the accident occurred? Look into the stores and businesses nearby as well as any street lights you passed. You might very well find that one or more cameras recorded the accident and show the other party texting on their phone. Additionally, don’t forget to check any potential dash cam footage that you might have. Depending upon the accident in question, it’s possible that you could have recorded the crime yourself (or, at the very least, might find potential witnesses who did).

Text Logs

This isn’t always a feasible option, but if possible, ask for text logs of the other driver. This can show timestamps that match your story about their texting and driving habits. Sometimes you might even receive correspondence from the person with whom the other driver was texting. Their word can do wonders for your case.

Social Media and Technology

Keep in mind that “texting” doesn’t always mean exchanging literal texts with someone. In fact, someone typing on their phone could very well be updating their social media accounts. Check profiles to see if you can find time stamps that would show the driver was online around the time of the accident.

If you have been involved in an accident, reach out to Frederick and Hagle, Attorneys at Law, for expert representation today!

 

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