Today, drivers are texting and driving while behind the wheel more than ever. Unfortunately, this is a serious problem throughout the U.S. and the state of Illinois. Cases of distracted driving, including any type of electronic communication, are illegal in Chicago (and the entire state of Illinois). Unfortunately, the fines of just $150 (or less) per incident aren’t enough to deter most drivers. This is one reason you commonly see people texting and driving – you may even be guilty of it yourself.
Unfortunately, serious consequences may arise if an accident occurs because of a driver who is texting and driving. If a distracted driver struck you, you might know you have the right to hold them responsible and potentially recover compensation. However, there Is a caveat – you must prove their negligence (texting and driving) resulted in your injuries.
The challenge here is proving the driver who hit you was distracted right before the collision occurred. Some steps you can take to prove the negligent driver was texting and driving are listed here.
Evidence to Prove Negligence in Texting and Driving Accidents
Usually, just one bit of evidence won’t provide indisputable proof that someone was texting and driving before an accident. However, producing as much evidence as possible can help prove what happened and who should be held liable.
Some of the best types of evidence to have for an accident involving a driver who was texting and driving include:
Phone Records
A critical type of evidence you should try to secure, with the help of your Chicago car accident lawyer, if you suspect the driver who hit you was texting and driving is their cell phone records. This will usually require a subpoena.
Once the records are received, your attorney can read over the records to see if the other driver was using their cell phone when the accident occurred. These records can also provide other helpful information, like the location of the at-fault driver when they were using their device.
Eyewitness Testimony
Phone records can be helpful in a case where you suspect the at-fault driver was using their device when the collision occurred. However, testimony from witnesses is also beneficial.
After an accident, look around for people who may have seen what happened. If possible, request their contact information. Your Chicago car accident lawyer can call them and use their story to help your case.
Videos or Photos of the Scene
Did you know some people have their phones filming everywhere they go? Others may be filming a video for social media or another reason for your accident. If so, you can use the video or pictures they capture.
You can also take your own photos and videos after an accident occurs. These are beneficial bits of evidence to have when filing an injury claim against an at-fault driver.
Security Camera Footage
If your accident occurred near a business in Chicago or another location with security cameras, it might be possible to get the footage from these. It may also show the at-fault driver on their phone before the accident occurred.
The Accident Report
If the police come to the scene, they will document the accident by creating a report. It is common for the officers to ask each motorist about what happened in the moments before the crash to determine fault. The report will also indicate if any citations were issued for traffic violations.
How a Chicago Car Accident Lawyer Can Help with Your Accident Claim
If you were injured in an accident with someone who was texting and driving and you experienced serious injuries, a Chicago car accident lawyer can help you get the compensation you deserve. Contact an attorney immediately after an accident to get the best possible representation for your case.
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