Distracted Driving can Kill! Today I’m going to talk with you about how you can prove the person whom you got into an accident with was texting while driving.
What Happens in a Car Accident and the Other Driver was Distracted by Texting?
You may suspect that the person who hit you was a distracted driver, but you’re feeling frustrated and confused because you know you have to prove this fact, but don’t know how to go about doing it.
The last thing you should feel is guilty. You’ve been injured due to someone else’s carelessness. There is certainly nothing wrong with seeking legal representation to help you secure your rights.
Texting and Driving in Nebraska is Against the Law
Most people know that distracted driving is against the law in Nebraska but how would a law firm go about proving that it was against the law?
Here are some ways it can be proven in court that the driver was texting while driving:
1. Filing a police report immediately: as soon as police arrive on site, tell them everything that you saw, including if you or anyone else saw the other driver on the phone right before the crash. This will put it all on record and make it harder for the other side to fudge the facts.
2. Admission of guilt: ask the other driver what happened. they may just admit they were distracted. A defendant’s admission that they were at fault is almost always admissible in court.
3. Witnesses: when police arrive on scene they can take witness statements. If there are any witnesses that go on record, they could be subpoenaed and appear in court later on to help your case.
4. Video footage: there could be police dash cam footage, surveillance video or even amateur video out there that could prove the other driver was using their phone at the time of the accident. These days – we are often on camera more than we think.
5. Cell phone records: these may be subpoenaed for your case and show that the driver was using the phone at the exact time the accident occurred.
At Friedman Law, we know this whole process can be overwhelming for you. We are lawyers who help people recover after an accident. It’s what we do – it’s all we do – and we’ve been doing it for fifty years. Call us for free anytime at 800 220-9990