Woman looking at phone while drivingThis is the second post in our series on the handling of Fort Worth, Texas car accident cases which involve distracted driving. Our last post provided an overview of topics we will be discussing and stressed the need to contact an attorney if you have been injured through the negligence of another. In this article we will discuss another important topic – establishing proof that the other driver was operating a vehicle while distracted. A personal injury lawyer can help you to establish that such conduct occurred.

Distracted driving can take several forms. People may be texting while driving, they may be taking pictures, or “selfies,” of themselves and their children, they may be tweeting or engaging in other social media use, or the distraction may simply come from talking on the phone. The bottom line is that the increase in smartphone usage has led to an increase in car accidents caused by distracted driving. It is negligent to operate a vehicle while paying attention to something else. The victim in such a case can recover for their injuries if they can show that such negligence is what caused an accident.

The defendant in a car accident case is likely to deny that they were driving while paying attention to something other than the road. An attorney, however, can assist you in establishing that such conduct occurred. Counsel can utilize a process known as “discovery” to gain information from the defendant. This information can include cell phone records, social media account information, photo records, and other data which may show what the defendant was doing at the time. A cell phone bill, for example, would show the times which the defendant was engaging in phone calls or texting. If this was occurring at the time of the accident then it becomes difficult for the defendant to dispute their conduct. Discovery tools used for obtaining such information include subpoenas, Requests for Production, as well as depositions. Counsel will be able to assist you with the process.

When selecting a Fort Worth area car accident lawyer it is important hire a firm which practices exclusively in the area of personal injury law and mainly handles matters which have resulted in serious injuries. The firm should have the resources necessary to see a case through to completion and to perform the discovery necessary for proving distracted driving. Such resources should include employing an on-staff investigator, a substantial support staff, and multiple attorneys who take a team-based and collaborative approach to problem solving. You should look for these things in an attorney regardless of whether you were injured in Texas counties such as Tarrant, Dallas, Johnson, and Wise counties as well as Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, Grand Prairie, Dallas, and Fort Worth.

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