We Know Injury Law

How can you prove that the driver who hit you was texting?

On Behalf of | Sep 19, 2022 | Car Accidents |

Most newer vehicles have technology that allows people to text, talk on the phone, send emails and more without taking their hands off the steering wheel. However, not all cars on the road do have it, and not everyone uses hands-free technology even when it’s available.

Georgia’s Hands-Free Law states, “Drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving. Even with hands-free technology, drivers cannot write, read or send text messages, e-mails, social media content and other internet data while on the road. (Voice to text is allowed)”

We’ve all witnessed people ignoring the law and being more focused on their phones than the road. What if one of those drivers hits you? Maybe you saw them texting before the crash or maybe they even admitted to you that they were, but they changed their story when the police showed up.

Is there any way to prove that a driver was texting prior to causing a crash? There may be.

There may be human or electronic witnesses

If you’ve got witnesses who stopped at the scene and saw them texting, that can help. Cameras monitor traffic on more roads than ever these days. If you were on a street lined with homes or businesses, a camera belonging to one of those property owners may have captured the driver seconds before the crash. 

Police often ask to see a driver’s cellphone, and many simply hand it over. That allows them to check their text and other communications history. However, a driver can refuse and require the police to get a warrant. 

Does it matter to your case if they were texting?

In the end, it may not matter to your ability to hold the driver and their insurance company responsible for compensating you for the crash. Texting would likely get them an added citation if it is determined that’s what they were doing. However, if their actions – such as running a stop sign or crashing into you because they weren’t watching the road – caused the crash, that’s what matters. 

If you’re having difficulty holding an at-fault driver to account or getting the compensation you need for medical bills and other expenses, it’s wise to seek legal guidance. Don’t settle for less than you deserve.


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