Omaha Distracted Driving Attorney

How to Prove a Texting and Driving Claim

One of the good things about cellphones is that they record all activity and send it to the cellphone company. After an accident in which one driver believes the other was texting, that driver could request a full transcript of the other driver’s cellphone records.

Cellphone records could provide concrete evidence that the at-fault driver was on his or her cellphone watching a video, scrolling through social media, or typing a message at the time of the accident.

Most cellphone companies will not release this information to just anyone; however, experienced lawyers at the Knowles Law Firm can subpoena cellphone records on your behalf. With proof that the driver was texting and driving, your lawyer will then need to establish that this is what caused your auto accident and that you suffered compensable damages in the wreck.

Proving causation may take accident re-creation, photographs of the scene, interviews with eyewitnesses, or testimony from crash experts.

Proving your damages may require copies of your medical transcripts, hospital bills, pay stubs, hotel receipts, and statements from you or your family about how the accident impacted your life. Our attorneys can help you with each element of proof during a texting and driving car accident case.

What Are the Risks of Texting and Driving?

It is extremely dangerous to read, write, or send text messages behind the wheel of a motor vehicle. According to the National Highway Traffic Safety Administration (NHTSA), almost 3,200 people died in distracted driving accidents in 2017 alone. Most of these fatal accidents involved a driver who was using a handheld cellphone while driving. About 3% of all drivers in the U.S., or over 6.7 million people, text and drive while holding a cellphone.

Texting and driving is so dangerous because it distracts drivers in every possible way. Texting is a manual distraction because it forces the driver to use his or her hands to type the message.

It is a visual distraction since drivers have to look at the touchscreen to read and type. It is a cognitive distraction because the driver is thinking about what the text message says. This combination can lead to deadly consequences.

Looking at a text for just five seconds while driving 55 miles per hour is the same as traversing a football field blindfolded, according to the NHTSA. 

Nebraska Cell Phone Use Statistics [2020]

According to the most recent data retrieved from the Nebraska Department of Transportation (NDOT), the state of Nebraska observed a 13% increase in distracted driving-related crashes from 2013 through 2020. 

New laws have been implemented to protect all drivers and passengers on the road from distracted drivers, but in 2020, approximately 3,924 car accidents were still caused by distracted driving. No driver can dedicate 100% of his or her attention to driving while simultaneously texting. Out of this number, approximately 1,282 distracted driving accidents resulted in injury in 2020, with 19 of these accidents resulting in fatalities.

Nationwide, teenagers are more likely to be involved in car accidents due to texting and driving. In 2020, around 130 car accidents were due to cell phone distractions. According to the National Highway Traffic Safety Administration, driver cell phone use has only slightly increased in recent years and remains highest among the 16-24 year-old age group. In 2020, teenagers accounted for approximately 31% of crashes statewide involving cellphones.

Teenagers are more likely to check their phones and lack the experience to understand that other drivers, pedestrians, and bicyclists can appear out of nowhere on roadways. 

Accidents caused by texting and driving are often devastating because these accidents are so easily preventable. Nebraska, like most other states, has banned texting while driving, and it is therefore a traffic offense to text while driving.

Before the advent of cell phone use, distracted driving was still a major issue on all the nation’s roadways. Many things distract drivers on a daily basis, including:

• Eating food while driving
• Applying makeup while driving
• Children in the back seat
• GPS navigation systems
• Weather
• Car accidents, tire blowouts, or stopped vehicles on the shoulder
• Radio

There are a number of outside distractions that can affect a driver on a daily basis. It is your responsibility as a driver to keep the roadways safe by mentally tuning out all outside distractions and focusing on the road in front of you. However, other drivers may not follow this mindset, leading to severe accidents.

Texting and Driving Repercussions

While many states, including Nebraska, have enacted laws banning texting and driving, it still occurs daily. One of the best ways to counter these rising trends is to hold all drivers accountable for their actions if they cause an accident while texting and driving.

As the victim of a car accident caused by texting and driving, you are entitled to receive compensation for your injuries, including the following:

• Medical expenses
• Lost wages
• Future earnings
• Pain and suffering
• Loss of consortium

While the financial impact of car accidents caused by texting and driving is often easy to calculate and estimate, the emotional burden of these accidents requires a different method of calculation.

Car accidents often do not solely impact your physical health, but may lead to lasting psychological fears, which are often difficult to put a dollar amount on. A personal injury attorney will be able to assist you in determining the total amount of your injury claim. It is important that you do not speak with the insurance agent of the responsible party.

These entities will attempt to contact you in the days following your accident to coerce you to sign a settlement claim that often appears to be a great deal. However, keep in mind that many of your injuries and expenses will not immediately manifest themselves, but will often take months to completely determine.

The insurance company is in the business of saving money through not paying out accident claims, and as a result, will often attempt to coerce you into signing a settlement claim.

While the settlement claim may appear enticing at the moment since it represents immediate compensation, it will likely only cover a small fraction of your injuries and will not include any injuries that are not readily available to be calculated. Keep in mind that a settlement may prevent you from bringing a personal injury claim in the future.

Signing an insurance claim settlement may also diminish your opportunity to bring a personal injury claim in the future. An experienced personal injury attorney will be able to predict the amount of your expenses, which are often much higher than the small settlement amount proposed by the insurance company.

Contact the Distracted Driving Attorneys at Knowles Law Today

If you have been involved in a distracted driving accident, do not hesitate to contact the attorneys of the Knowles Law Firm. Our firm has the resources available to conduct a thorough investigation of your accident claim and will track down the appropriate witnesses to the accident. 

Distracted driving will only decrease once distracted drivers are held accountable for their actions. Your personal injury claim may prevent a future accident from occurring. Contact our Omaha, Nebraska law firm today for your initial free consultation.