Q How can I prove another driver was texting and driving?
Accident evidence varies case-by-case for vehicle crashes in North Carolina. Glare, obstructions and debris, speeding - these factors can be supported by weather reports, photos of the accident scene, and crash analysis by engineers. What about a driver who was texting and driving? How can an injured accident victim prove another driver was too busy checking email or texting a friend than focusing on the road?
Although these are only a few suggestions that should not replace a consultation with one of our Raleigh, Dunn or Fayetteville car accident lawyers, we want to help accident survivors start understanding the injury claim process in North Carolina--and evidence collection is just one part of it. If you are concerned about the challenge of proving another driver's negligent use of a cell phone while operating a vehicle, here are a few possible ways to help establish proof:
Police report. The negligent driver may have admitted their faulty cell phone use to the responding police officer, and that officer should have noted this in their police report.
Witnesses. Whether there were passengers in your vehicle, the at-fault driver's vehicle, or individuals nearby who were not directly involved with the accident--a collection of eyewitness accounts affirming that the other driver was texting and driving can help when negotiating your claim.
Cell phone records. Several laws govern the accessiblity and privacy of cell phone statements, however, in most cases it is possible to acquire drivers' cell phone statements. These statements provide clear evidence of the time calls and texts were made.
Sadly, the majority of drivers text and drive even though it is against the law. A recent study reported by Business Insider shows that 4 out of 5 college students text and drive. Statistically, we all face a great risk of being involved in an accident caused by a driver who was texting behind the wheel. Encourage your friends and family to avoid using their cell phones while driving. Even voice-to-text services have been proven to increase accident rates.