How Can I Prove the At-Fault Driver Was Texting?

You may not remember much about your car accident, as it likely happened so fast. But you may recall catching a glimpse of the driver you collided with, and noticing that their head was down, presumably looking at an electronic device. Or, you may have sworn you heard the driver accidentally admit to being distracted by their phone, in a moment of both remorse and panic. Either way, you may know in your heart of hearts that they were mainly or entirely to blame for the event. In this case, please follow along to find out how to prove that the at-fault driver was texting right before your ultimate collision and how a proficient Passaic County car accident lawyer at the Law Offices of August R. Soltis can help present your case in front of a civil court.

How can I prove that the at-fault driver was texting while driving?

Just as easily as you may accuse the other driver of negligently using a handheld device while driving, they can refute it. This is to say that you must supplement your personal injury claim with concrete evidence that backs up this claim. Examples of relevant and critical pieces of proof are as follows:

• Oral or written testimonies from eyewitnesses who saw the at-fault driver holding and looking at their phone before the collision.
• Neighboring surveillance, traffic, or car camera footage capturing the at-fault driver using their phone before the collision.
• A subpoena for the at-fault driver’s phone records with call and text timestamps matching the time of the collision.
• A record of the at-fault driver’s social media activity (i.e., likes, comments, posts, etc.) with timestamps matching the time of the collision.
• A copy of the police report that was documented at the scene and that includes the at-fault driver’s admission of guilt for being distracted.
• Testimony from an accident reconstruction expert who can affirm that the at-fault driver’s driving patterns demonstrate distraction.

How much fault do I have to prove for a successful injury claim?

Even if you can successfully prove that the other driver was texting while driving, you must establish that they were the majority or the sole contributor of fault in your car accident. This is because of the state of New Jersey’s comparative negligence law, which dictates that you may only recover financial compensation in a personal injury claim if you are 50 percent or less at fault.

For example, the civil court may determine that the other driver’s texting was 30 percent to blame for the accident. However, they may uncover that you failed to come to a complete stop at a stop sign before your ultimate collision, along with making other traffic violations beforehand. They may deem this as 70 percent of the fault and subsequently dismiss your claim altogether.

However, say they rule the other way around, and only find you to be 30 percent at fault. In this case, they may order you to recover 70 percent of the economic and non-economic damages you claimed to have incurred in the aftermath of your accident. And so, the more fault you can pin on the other driver, the better off you may be.

If you desire more clarity before you head into potential personal injury claim proceedings, please do not wait any longer to reach out to a talented Passaic County auto accident lawyer. Retain the services of the Law Offices of August R. Soltis today.