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How to prove someone texting contributed to a car crash

On Behalf of | May 13, 2019 | Car Accidents |

When behind the wheel of a vehicle, your full attention should be on the road. Colorado law states that a person caught texting while driving could get a fine of up to $300, as well as four points on his or her driving record.

If you ever get in an auto accident, you may have a hunch that the other driver was texting at the time of the collision. It can be tough to prove this to your insurance company because it is your word against the other driver’s statement. However, you do have some options to try to see if the other driver’s texting contributed to the accident.

Look up cell phone records

You will have a difficult time getting someone else’s phone records on your own. You will need to take the other driver to court, and then your attorney can submit a request to the cell phone company to subpoena the records. You need to mark down in your own records exactly what time the accident occurred, to see if a text was sent at the same time.

Find video footage

In the event the crash occurred in a parking lot, then there may be security footage of the collision. The cameras may have caught the other driver texting, and you would be able to see the driver using his or her phone when the crash happened. This is rare, but it is still worth trying.

Get witness testimony

The testimony of other people in the car will not hold up too much in court. Passengers clearly have a bias, so a courtroom would only consider the testimony of objective third parties. You need to talk to these people shortly after the crash occurred, so they may better remember key details. They may have seen the other driver texting at the time of the crash, and a judge would need to hear that testimony.



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