How Can Your Canton Accident Lawyer Prove the Defendant Was Texting and Driving?

Learn how a lawyer can prove the other driver was texting.

Despite the many warnings about how dangerous it is to text and drive, most people still do it. Our Canton injury lawyers meet with people every week who were injured in distracted driving accidents.

The question many of our clients have is how our car accident lawyers in Canton can prove the other driver was texting at the time of the crash. We’ll do our best to answer that question here.

Texting and Driving Is One of the Leading Causes of Motor Vehicle Accidents

Studies have shown that one out of three drivers are distracted by their phones when they’re behind the wheel. Sadly, the number of fatal accidents in Georgia is on the rise. One of the major reasons for this is that the number of distracted drivers continues to increase.

To put this into perspective, texting and driving is like driving the length of a football field with your eyes closed. The kind of damage a distracted driver can cause is devastating.

Texting and Driving Is Part of a Bigger Problem – Distracted Driving

Texting and driving is bad enough. Unfortunately, it’s part of an even bigger problem. Distracted driving, in general, is the third leading cause of motor vehicle accidents in Georgia. Our Canton injury lawyers see more of these cases with each passing year.

One of the issues our accident lawyers in Canton encounter is proving that the defendant was driving while distracted. It’s not as if the other driver will admit that they were distracted behind the wheel.

What Are the Most Common Types of Distracted Driving?

As stated above, texting and driving is only one type of distracted driving. All drivers are guilty of distracted driving at some point. It does not matter how careful you are. For example, we all daydream from time to time. in fact, daydreaming is the most common type of distracted driving.

Some of the other common types of distracted driving include the following:

  • Eating and drinking
  • Playing with the radio
  • Using a GPS device
  • Putting on makeup or grooming
  • Listening to an audiobook
  • Daydreaming
  • Looking at other cars and other drivers
  • Trying to find your destination

Any one of these things, on their own, could cause an accident. In many of the cases our accident lawyers in Canton see, more than one of these distractions is involved.

Why Is Distracted Driving So Dangerous?

Some people think it’s safe to text and drive when the roads are nearly empty. The odds of another vehicle coming by seem low. Other drivers assume that it’s safe to text and drive since they’ve been driving for more than a decade or two.

The truth is that it’s never safe to text and drive. In the two or three seconds that you’re reading or answering a text message, you can cause a lot of damage. It’s impossible to pay attention to the road when you’re busy texting.

Your Accident Lawyer in Canton Knows Texting and Driving Is Against the Law

Just about every state has a law against texting and driving. Georgia is no different. According to OCGA §40-6-241, it is legal to use any digital device while you’re behind the wheel. In fact, this law makes it illegal to have a phone anywhere on your body.

While the law specifically prohibits texting and driving, it also forbids the use of any other electronic device while you’re behind the wheel. If the defendant is cited for texting and driving at the accident scene, your Canton injury lawyer can use this as evidence of their negligence.

A man texting and driving.

Your Canton Injury Lawyer Has to Prove the Defendant Was Texting and Driving

The hardest part about your distracted driving accident case is proving the defendant was texting and driving. The other driver certainly isn’t going to admit that they were texting and driving. If there was a passenger in their vehicle, they’d surely lie to protect their friend or family member.

This means your accident lawyer in Canton will need to find some other way to prove liability. If they aren’t able to do this, they can still prevail by proving that the defendant was negligent.

Are There Any Witnesses Who Saw the Other Driver Texting Immediately Before the Crash?

Your Canton injury lawyer may be able to find a witness who observed the defendant texting in the moments before the crash. For example, the witness may have been next to the defendant at a red light. Or they may have seen them turning a corner with their phone in their hand.

Your Accident Lawyer in Canton Can Subpoena a Copy of the Defendant’s Cell Phone Records

If there were no witnesses, your accident lawyer in Canton can review the other driver’s phone records. The odds of the defendant’s lawyer handing these over voluntarily are low. But that doesn’t mean you can’t get them.

Your Canton injury lawyer can subpoena the cell phone company to get these records. They will look to see if there was any activity in the minutes before and after the accident. Specifically, they’ll look to see if any text messages were sent or received around the time of the crash.

Has the Defendant Ever Been Issued a Ticket for Texting and Driving Before?

One other thing your Canton injury lawyer will look for is records showing that the defendant had been caught texting and driving in the past. If they received any tickets for violating OCGA §40-6-241, it will show up in their criminal record.

While this will not prove that the defendant was texting and driving before your accident, it will show a pattern. If they have been cited for this type of violation in the past, there’s no reason to think they weren’t doing the same thing in this instance.

Reach Out to a Canton Injury Lawyer As Soon as Possible After Your Distracted Driving Accident

If you’ve been injured in a distracted driving accident, there’s a good chance you’ll have a claim against the other driver. Not only is it against the law to text and drive, but any sort of distracted driving would constitute negligence. Our accident lawyers in Georgia can help make sure you get the compensation you deserve.

The hardest part about these cases is proving that the defendant was texting at the time of the crash. The good news is that your Canton injury lawyer has the tools to make that happen. This is why we suggest you call our office today and schedule your free, initial consultation.

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