There are several ways to prove a driver was texting during a car accident: taking statements from eyewitnesses, obtaining police testimony, an admission from the other driver, examining the other driver’s cell phone records for the time of the crash, and taking note of the cell phone’s location in the car after the accident.

Georgia has laws prohibiting texting while driving. Obtaining proof of the other driver’s violation of this law will help your case.

If you or a loved one was injured in a car accident because the other driver was texting while driving, you may be entitled to compensation for your losses, including both monetary damages, such as medical expenses, and noneconomic damages, such as pain and suffering. A car accident lawyer can examine the facts of your case and handle all legal matters necessary to help secure a fair settlement.

Why Texting and Driving Causes Accidents

When driving, distractions include any non-driving activity that has the potential to distract the driver from the primary task of driving and increases the risk of crashing. Distractions can be visual (taking eyes off the road), manual (taking hands off the wheel), or cognitive (taking mind off what you’re doing). Texting is particularly dangerous as it involves taking your eyes, mind, and hands off of the task at hand. According to the National Highway Traffic Safety Administration (NHTSA), texting takes your eyes off the road for an average of 5 seconds, comparable to driving an entire football field blindfolded at 55 miles per hour.

Anyone who gets behind the wheel of a motor vehicle is required to drive responsibly and practice safe driving habits. When drivers devote their attention to texting instead of the road, they can be held responsible for any injuries they cause.

A driver who is distracted is negligent and is therefore likely to be found liable for damage caused by an accident. Attempting to prove a driver was texting during a car accident can be the key to receiving a full payment for your injuries and the damage to your car.

Texting and Driving is Illegal in Georgia

According to Georgia HB 263, it is illegal for people to text and drive, including reading or sending texts or emails—even if you are stopped for a red light. Young people under 18 or bus drivers are prohibited from using cell phones at all when behind the wheel, even if the phones are on speaker or Bluetooth. Other drivers may talk or even text while driving, but only if they are using hands-free technology.

Georgia law also prohibits other behavior like shooting video or watching movies while driving.

What You Should Do in an Accident

If you are in an accident and you believe the other driver was texting, you should act quickly to gather evidence to help prove this was the case. As long as you are medically able to do so you should:

  • Call the police and state that you believe the other driver was texting while driving. This will become part of the police report, and an officer may look for evidence and even ticket the driver believed to be at fault.
  • Look for witnesses who may be able to verify what happened and get their contact information.
  • Record in writing the time and circumstance of the accident. This information can be used in examining cell phone records to prove the driver was on the phone at the time of the accident. 
  • Take photos of the accident, including the inside of the other driver’s car. The location of the cell phone may be evidence that the driver was texting.
  • Ask the other driver or other passengers if the driver was texting. An admission can be entered in the police report.
  • See a doctor even if you feel fine, as injuries should be documented, and some may not show up until later.
  • Get legal assistance.

Following any of the advice above can be beneficial to your case later.

Our Legal Team Can Help

If you or a loved one has been injured in a car accident caused by a driver who was texting, you do not have to go through the process of trying to obtain compensation alone. The legal team at S. Burke Law offers a free consultation and provides personalized service and legal support.

We can help build your case by:

  • Subpoenaing cell phone records.
  • Examining police reports and talking to officers.
  • Interviewing witnesses.
  • Negotiating with insurance companies.
  • Filing proper paperwork in court in a timely manner.
  • Taking your case to trial if necessary.

Georgia has a statute of limitations that limits the amount of time you have to pursue compensation to two years from the accident, so do not delay. Contact S. Burke Law to set up your free consultation by calling (404) 842-7838 today. We are familiar with the many ways we can prove a driver was texting during a car accident.