Chris Finney, Trial Attorney
In our experience, in most car crashes is immediate belief is the other person was texting and driving. A client will come to us, certain the other driver was texting and driving and want to know how we will prove it.
Proving Texting and Driving
It’s very difficult to prove texting and driving without an eyewitness seeing the driver texting and driving at the time of impact.
Very simple reasons, in today’s world with phones and similar devices, 30 seconds to a minute are a lifetime. If someone was at a stop sign or a red light and sent a text message or received one, then 45 seconds later they’re in a crash, a jury will not will believe the driver looked at their phone for 45 straight seconds. That’s why eyewitness testimony is crucial.
The Difficulties of Proving Texting and Driving
We can get cell phone records, we can get cell phone tower records, and we can get all those items with time stamps. But, that doesn’t prove someone was texting and driving at the time of the impact or even within a couple of minutes.
It’s very difficult to pinpoint the exact time of a crash, the exact time of a text message sent, received, or read as in relation to the exact time of the crash.
So, we tell our clients most of the time that, yes, we’ll get the records. But, also that it’s very difficult to prove and that it’s probably not something we’re going to be able to prove absent of eyewitness testimony.
Can a Personal Injury Lawyer Help Me?
When you meet with a lawyer at Finney Injury Law after a car accident, we will thoroughly assess the details of the accident to see if your case is viable, and then we will plainly lay out your options. Contact us by giving us a call at 314-293-4222 or complete the contact form.
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