Texting and driving is one of the most dangerous behaviors on the road. In a split second, a driver’s attention can drift from the steering wheel to a glowing phone screen, and that momentary lapse can have devastating consequences. If you were injured in a crash caused by a distracted driver, you might be wondering what your legal rights are and how texting plays a role in proving fault. Read this blog and reach out to a knowledgeable Jacksonville car accident lawyer from Ansbacher Law to learn more about the compensation you may recover if the at-fault driver was texting. Here are some of the questions you may have:
How Does Texting Impact Liability in a Car Accident?
In Florida, drivers are prohibited from using a handheld device to send or read text messages while operating a vehicle. This law exists for good reason: the combination of visual, manual, and cognitive distraction significantly increases the likelihood of a collision. If an at-fault driver was texting at the time of the crash, that behavior is a violation of state law and can be powerful evidence of negligence. Proving that the other driver was distracted may strengthen your personal injury claim, potentially leading to greater compensation for your medical bills, lost wages, and pain and suffering.
Courts and insurance companies tend to view texting behind the wheel as reckless. This perception often shifts negotiations in favor of the injured party. However, establishing that the driver was indeed texting requires a careful legal approach and evidence collection.
What Evidence Can Be Used to Prove the At-Fault Driver Was Texting?
Evidence in distracted driving cases can come from multiple sources. Police accident reports may note observations at the scene, such as a phone lying in the driver’s lap or statements from witnesses. Sometimes, cellphone records can confirm that a message was sent or received moments before the crash. Surveillance or dashcam footage may also provide visual proof.
Obtaining and preserving this evidence can be complex. Cellphone records are private, and accessing them usually requires legal action such as a subpoena. This is why having an experienced personal injury attorney is essential. A lawyer can quickly act to secure the records and witness statements before memories fade or data is lost. The sooner the investigation begins, the better the chances of building a strong case.
Why Should You Contact a Jacksonville Personal Injury Lawyer?
When you are dealing with serious injuries, hospital visits, and insurance adjusters, it is easy to feel overwhelmed. An attorney can manage the legal details, allowing you to focus on your recovery. Your lawyer can investigate the accident, communicate with the insurance company, and negotiate for a settlement that reflects the full scope of your damages. If necessary, they can take your case to court to pursue justice.
Ultimately, if you or a loved one has been hurt because another driver was texting, you do not have to face the legal process alone. With the right representation, you can pursue the compensation you deserve and send a clear message that distracted driving is never acceptable. Contact Ansbacher Law for a free initial consultation today.