When you have an accident with a texting driver, securing evidence of the other driver’s distraction becomes a central part of your claim for compensation. Document everything you remember, preserve any evidence you have, and avoid talking with insurers until you’ve consulted a car accident lawyer.
An attorney can conduct their own investigation, using legal tools to gather additional evidence that the driver was texting when they hit you..
Key Takeaways for an Accident With a Texting Driver
- Proving the other driver was texting often requires more than just your word; evidence like witness statements and cell phone records provides crucial support.
- Many states explicitly prohibit drivers from using handheld electronic devices, and a violation can serve as strong evidence of negligence in your claim.
- Insurance companies for the at-fault driver may try to contact you quickly to obtain a recorded statement; if you agree, it may end up hurting your claim.
- Available compensation in a distracted driving accident claim covers a wide range of damages, including medical expenses, lost income, and pain and suffering.
- Working with a personal injury attorney gives you a dedicated advocate who can manage the investigation and legal process while you focus on your recovery.
6 Steps To Take After an Accident With a Texting Driver
The actions you take in the days and weeks after a crash can significantly impact your ability to recover fair compensation. If you’ve already sought medical care, start organizing the details of your case and protecting your legal rights.
Follow these steps to build a strong foundation for your claim:
- Document Everything You Remember: Write down every detail you can recall about the accident as soon as possible. Note the time, date, location, weather conditions, and what you saw the other driver doing immediately before and after the collision.
- Organize Your Medical Records: Keep all paperwork related to your medical treatment in a dedicated folder. This includes hospital discharge papers, bills from doctors, receipts for prescriptions, and any notes from your physician.
- Track All Related Expenses: Maintain a log of every expense you incur because of the accident. This includes mileage for driving to medical appointments, co-pays, and the cost of any assistive devices, such as crutches.
- Stay Away From Social Media: Avoid posting details about your car crash with a texting driver, your injuries, or your daily activities on social media platforms. Insurance companies often look for posts they can use to devalue your claim.
- Follow Your Doctor's Treatment Plan: Attend all follow-up appointments and adhere strictly to your doctor's orders. The insurer can use gaps in treatment or failure to follow medical advice to devalue your claim.
- Consult a Car Accident Attorney: A legal professional can review the details of your case, answer your questions, and explain your options. They handle all of the complex legal and administrative tasks.
Establishing Liability in a Distracted Driving Accident Claim
Proving another driver's negligence is the foundation of any car accident claim. This task becomes more complex when it involves a temporary action like texting. A texting driver who causes an accident will rarely admit to being distracted.
Therefore, you and your legal team must build a case using concrete evidence that demonstrates their irresponsible behavior.
The Police Report
The police report provides the first official record of the crash and contains objective information that your attorney uses to start building your case. While not always conclusive, this document offers a foundation that guides the investigation into your accident with a texting driver.
Key details found in a police report include:
- Contact Information: The report lists the names, addresses, and insurance details for all drivers involved, as well as contact information for any witnesses.
- Accident Diagram: The officer often includes a drawing of the accident scene, which shows the position of the vehicles and the likely point of impact.
- Officer’s Narrative: This section provides the responding officer's summary of the incident, which may include notes on driver distraction or statements made at the scene.
- Traffic Citations: The report will document any tickets issued to the drivers, including a citation for unlawful use of a handheld cell phone.
Eyewitness Testimony
Independent witnesses who saw the crash or the other driver’s behavior right before it happened can offer powerful testimony. Your car accident lawyer acts quickly to find and interview witnesses since memories fade and people may become difficult to locate over time.
Your attorney can use this testimony to corroborate your account of what happened and counter the other driver's denials.
Obtaining Cell Phone Records
The most direct way to prove the driver was texting involves obtaining their cell phone records. These records show call logs, text message timestamps, and data usage, creating a timeline of the driver's phone activity surrounding the moment of the crash.
You cannot get these records on your own; your lawyer must subpoena the wireless carrier through the formal legal process. These records often provide undeniable proof of distraction.
Other Forms of Evidence
A thorough investigation uncovers all potential sources of evidence. Dashcam footage from your vehicle, a witness's car, or a nearby commercial truck can capture the entire event.
Many intersections and businesses have surveillance cameras that might have recorded the collision or the driver's behavior leading up to it. An attorney can promptly send preservation letters to ensure this valuable video evidence isn’t erased.
Potential Compensation in a Texting and Driving Accident Claim
A serious collision with a texting driver can lead to significant financial and personal losses. The goal of a personal injury claim is to recover compensation, often called damages. Accident victims may seek payment for a variety of losses stemming from the crash.
Common examples include:
- Medical Expenses: This covers all costs related to your injuries, including emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and any anticipated future medical care.
- Lost Wages: You may pursue compensation for the income you lost while unable to work during your recovery. If your injuries permanently affect your ability to earn a living, you may also seek damages for loss of future earning capacity.
- Property Damage: This includes the costs to repair or replace your vehicle and any other personal property that was damaged in the collision.
- Pain and Suffering: This refers to compensation for the physical pain, emotional distress, and diminished quality of life you experience as a result of your injuries.
Common Insurance Company Strategies
Shortly after being hit by a texting driver, you can expect to hear from the at-fault driver's insurance adjuster. Their goal is to resolve your claim for the lowest amount possible. Adjusters use specific tactics to protect their company’s financial interests, not yours.
Be aware of these common strategies:
- Asking for a Recorded Statement: Adjusters often request a recorded statement, framing it as a standard procedure. However, they can use your words out of context later to question your injuries or suggest you admitted fault for the crash.
- Offering a Quick Settlement: You may receive a settlement offer very early in the process, perhaps before you even know the full extent of your injuries and future medical needs. Initial offers are almost always far less than what your claim is truly worth.
- Delaying and Denying: Some insurance companies drag out the process, hoping your financial pressure mounts and you’ll accept a lower offer out of frustration. They may also issue an outright denial of the claim, forcing you to fight for the compensation you need.
- Misrepresenting Your Rights: An adjuster might tell you that you don’t need an attorney or downplay the severity of your situation.
How a Lawyer Helps After a Collision With a Texting Driver
Pursuing a distracted driving accident claim involves many legal complexities, from gathering evidence to negotiating with insurers. An attorney advocates for your best interests at every stage. They provide the resources and knowledge necessary to build a compelling case on your behalf.
Investigating the Crash
Your lawyer will launch an independent investigation into the collision. This includes visiting the scene, taking photographs, interviewing witnesses, and hiring accident reconstruction experts if needed.
This hands-on approach often uncovers evidence that may have been missed in the initial police report.
Gathering Critical Evidence
An auto accident lawyer knows how to secure the evidence needed to prove the other driver was distracted. They can send spoliation letters to preserve electronic data and, when necessary, issue a subpoena to the driver's cell phone provider to obtain their usage records for the time of the crash.
Managing All Communication
Once you hire an attorney, all communication with the insurance companies goes through their office. This protects you from the tactics of claims adjusters and ensures that you don’t say anything that could jeopardize your case. Your lawyer handles the phone calls, paperwork, and deadlines.
Calculating the Full Value of Your Claim
Determining the true value of a car accident claim involves more than simply adding up current medical bills. Your lawyer will work with medical and financial experts to project the cost of future treatments, account for your lost earning potential, and place a value on your pain and suffering.
Advocating for Your Interests
The best lawyers prepare your case as if it will go to trial. This preparation puts you in a strong negotiating position with the insurance company.
If the insurer refuses to offer a fair settlement, your attorney can file a lawsuit and present your case to a judge and jury to fight for the outcome you need.
FAQ for an Accident With a Texting Driver
What Is the First Thing I Should Do If I Suspect the Other Driver Was Texting?
The most critical first step you can take (after receiving medical attention) is to write down every detail that led to your suspicion. Create a detailed record of exactly what you saw and remember.
For example, note if you saw the glow of a phone screen, saw the driver looking down repeatedly, or heard them mention a text message after the collision.
Your written account preserves your memory and provides your attorney with a starting point for their investigation.
Can I Still Have a Claim If I Was Partially at Fault for My Accident With a Texting Driver?
Yes, you can still have a claim even if you share some of the blame. New Jersey follows a modified comparative negligence rule, which means you can still recover damages as long as your percentage of fault isn’t greater than the other party's.
However, your final compensation amount would be reduced by your percentage of fault.
How Do Attorneys Get Phone Records To Prove Texting and Driving?
Attorneys cannot simply ask a cell phone company for someone's records due to privacy laws. They must file a lawsuit and then use a legal tool called a subpoena. A judge then orders the wireless carrier to produce the records, which show timestamps of calls, texts, and data usage.
What If the Other Driver Denies Being on Their Phone During the Accident?
Denials are very common in texting and driving cases, which is why building a case with external evidence is so important. An attorney uses evidence like witness testimony, police reports, and subpoenaed cell phone records to prove distraction and counter the driver's dishonest claims.
How Long Do I Have To File a Lawsuit in New Jersey?
In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you don’t file a lawsuit within this time frame, you typically lose your right to pursue compensation in court.
Your Path to a Secure Future
An accident with a texting driver can disrupt your life in countless ways, but your response to it can define your future. Taking decisive action to protect your rights is the first step toward regaining stability.
The legal process is a tool that enables you to rebuild, ensuring you have the necessary financial resources to move forward with confidence. Don’t let someone else's negligence dictate your financial security.
To discuss your accident with a texting driver and learn how the team at Reinartz Law Firm can help, call (201) 289-8614 for a free consultation.
