If I Get in an Accident in Atlanta, GA, How Do I Prove That the Other Driver Was Texting And Driving?

Distracted driving is rapidly becoming a leading cause of car accidents in Atlanta, Georgia. Texting and driving car accidents by drivers who are distracted by their mobile devices have resulted in an increase in road fatalities in Atlanta, Georgia. Insurance premiums have also increased due to the rise in texting and driving car accidents.

Only recently, new legislation designed to crack down on distracted driving was passed. The goal is to reduce the incidence of texting and driving car accidents. As per this legislation, all drivers in Atlanta, Georgia must use hands-free technology whenever they engage in cell phone usage or other mobile devices.

Representatives of National Highway Traffic Safety Administration (NHTSA) believe that texting and driving can prove to be even more dangerous than driving under the influence of alcohol. As the prevalence of distracted driving increases, the likelihood of texting and driving car accidents also increases.

Research suggests that the risk of texting and driving car accidents is 23 times more if the driver is distracted because of their mobile devices. The number of texting and driving accidents continue to increase, and while many drivers admit that they were texting when an accident occurred, there are many others who would simply deny such a claim.

How to Prove the Other Driver Was Texting and Driving

At the very basic level, all drivers on the road are expected to demonstrate caution when driving and to avoid any behavior that could potentially put anybody at risk. However, in reality, distracted driving is a common problem on the roads in Atlanta, Georgia. In case of texting while driving accidents, the driver is legally obligated to take responsibility. But this compensation can only be collected if the plaintiff can prove that the driver was actually texting while driving. Making such a claim and proving it are two different things.

In the ideal world, every driver who was texting and driving would accept that it was their fault if an accident occurs. In reality, the plaintiff may have to prove that distracted driving was the cause of the car accident if the other driver denies liability.

One of the easiest ways of proving that your accident was another in the long list of texting while driving accidents, is to ask the driver if they were on their phone. If they admit it, your case is easy, and your compensation claim will be easily approved.

If they don’t accept it, you could talk to any witnesses who were present when the accident occurred. If anyone had observed that the driver was on their cell phone, you can inform the police and also provide them with the contact information of the witness if they haven’t already obtained it during their own investigation.

If you have been involved in a texting and driving car accident, you should call the police immediately. When the police arrive, you must provide them with the details of the accident and should also inform them that you believe the driver was texting and driving. The other driver may deny this, but it will be up to the police to corroborate your claim. They could potentially do so by taking the driver’s cell phone into evidence and going through the phone logs and text messages to determine if distracted driving was the cause. However, it is important to note that they may need legal ground to do so.

Cell phone records are your best hope to prove your claim that the other driver was texting and driving.

Reach Out to an Atlanta Car Accident Lawyer About Your Accident

If you are a victim of a texting and driving car accident in Atlanta, Georgia, you should consult a car accident attorney at The Law Office of John B. Jackson. Our lawyers will make sure they prove that distracted driving was the reason behind the accident. They will do this by obtaining a court order so that they can have access to the driver’s phone records. You can be assured that our lawyers have dealt with numerous cases related to texting and driving accidents and know the kind of evidence that is required to prove that the driver was distracted. The most important thing is that the law is on your side and there are already efforts in place to cut down distracted driving.

If you are a victim and if we can prove that the driver was texting and driving, you can be confident that you will get compensation for any medical bills, lost wages, and any pain and suffering that you have had to deal with because of the accident. Call us today, and we will help you get justice.