How Do I Prove the Motorist Who Hit Me Was Texting & Driving?Distracted driving claims thousands of lives every year. While motorists must contend with dozens of things vying for their attention nowadays, texting is arguably the most dangerous because it’s a visual, manual, and cognitive distraction. It takes your eyes off the road, your hands off the wheel, and your focus off the traffic around you.

If you were struck by someone who was texting and driving, you may be entitled to compensation for the resulting damages. Before you can recover a payout, though, you must build a strong claim, which starts with gathering sufficient evidence of liability.

When it comes to texting-related accidents, the most compelling evidence of fault is usually the motorist’s cellphone records. Such records should detail the time, date, and location of every text message that the user sent. They should also differentiate between messages that were typed and those that were dictated.

By crosschecking this information with the official police report, which will include the time, date, and location of the wreck, you can prove that the motorist was, in fact, using his or her phone in the moments leading up to the crash. The user’s cellphone carrier is unlikely to release these records without a court order, though, so you’ll have to file a subpoena in order to obtain them.

Thankfully, a personal injury attorney can help. A resourceful lawyer will know how to obtain these records promptly so you can proceed with your claim.

An experienced car accident attorney will also conduct a thorough investigation to gather additional evidence that bolsters your case. Such evidence might include:

  • Photographs of the wreckage;
  • Dash cam footage from vehicles that were in the vicinity;
  • Recordings from surveillance cameras overlooking the scene;
  • Eyewitness testimony;
  • Statements from accident reconstruction experts; and
  • Social media posts.

Are There Any Scenarios in Which Victims Cannot Sue a Motorist Who Was Clearly Texting and Driving?

Although texting and driving is illegal in the state of Michigan, not all those who are struck by a distracted driver will have grounds for a claim. Because of the state’s No-Fault law, you may only take action against a motorist if you meet the serious injury threshold—even if he or she was violating the law at the time of the accident.

If you did not sustain a “serious impairment of body function,” you will have to file a claim under your own personal injury protection coverage. Should this be the case, you won’t have to obtain evidence of fault, because it won’t impact the strength of your claim.

Call (248) 385-5704 for a Free Consultation with a Detroit Car Accident Lawyer

If you were struck by someone who was texting and driving, contact Seva Law Firm. We have recovered more than $100 million in settlements and verdicts for our clients.

By letting us handle the logistics of your claim, you can focus on more important matters, like making a full recovery and taking care of your family. Call (248) 385-5704 or fill out our Contact Form to schedule a free consultation with a car accident attorney in Detroit.