It goes without saying that texting while driving is extremely dangerous. Unfortunately, careless drivers continue to do it.
In fact, operating a motor vehicle while texting or talking on a cell phone may be considered more than just ordinary negligence. It may be reckless conduct which can result in double or triple damages to the injured party.
Recently, a Connecticut woman was awarded $1 million when she was injured in a head on collision caused by a texting driver.
But, how can you prove that a driver is texting and driving?
The easiest way is an admission by the driver to the police at the scene. Not likely, but it does happen from time to time.
Another option is to obtain statements from witnesses. For example, a passenger or a driver of another car who saw the driver texting or using a cell phone.
Finally, lawyers can issue subpoenas for the driver’s cell phone records. In this case, the records revealed that the driver sent a text one minute before the crash.
Apparently, there were other factors which led to this large settlement. The texting driver was uncooperative and displayed a poor attitude with police at the scene. It was later learned that the texting driver had been involved in three other car accidents. She was also fired from her job as a nanny for allegedly forging a check and stealing money.
Just the type of defendant the jury will hammer at trial.
The plaintiff? An elderly great-grandmother. The ideal, sympathetic plaintiff.
Please email me or call (203) 259-5251 if you have been injured in a car accident which involves texting while driving.