According to the Alabama Department of Transportation, 60 traffic fatalities occurred in Alabama in 2023 as a result of distracted driving. Further, drivers increase their likelihood of having an accident by 23 times if they text while driving. Notwithstanding these sobering statistics and the State’s hands-free driving law, which prohibits a driver from holding and using a cell phone while operating a vehicle, motorists continue to text and cause serious accidents.
Alabama drivers and pedestrians who are injured in texting while driving car accidents in Huntsville should contact the seasoned car accident attorneys at Siniard Law to recover substantial damages from negligent motorists who pay more attention to their phones than to the task of driving. We have recovered millions of dollars in damages for car accident victims.
How Can I Prove That Another Motorist Was Texting While Driving?
State police officers will issue a citation for texting while driving only if they see a motorist holding and using their phone while operating their vehicle. Officers might investigate an accident, but the investigation and any accident report may not be conclusive evidence that a negligent driver was texting. Regardless, you can file a texting while driving car accident lawsuit in Huntsville even if the negligent driver was not cited for violating the state’s hands-free law.
Experienced Huntsville texting while driving car accident attorneys will rely on other tools and resources to prove this critical fact, including:
- Filing a lawsuit and requesting cell phone records through the discovery process
- Sending a subpoena to the negligent driver’s phone company to seek disclosure of those records around the time of the accident
- Demanding that the other driver preserve all pertinent phone records from the time of the accident and afterwards
Phone records and other key evidence related to the crash remain more accessible when an injured motorist promptly retains legal counsel after the collision and resulting harm. After addressing medical needs, contacting an Alabama car accident lawyer helps protect the opportunity to pursue the maximum available damages.
Should You Tell the Negligent Driver’s Insurance Company That They Were Texting?
Insurance companies will conduct their own investigations that are often more thorough than a police investigation of a car accident. If you suffered any kind of injury, the negligent driver’s insurer will likely contact you to get your version of how the accident happened. However, even if you believe you have a strong case to recover damages, you should never agree to speak directly with the other driver’s insurer, but should instead direct that insurer to communicate with your auto accident lawyer.
Auto insurance claims adjusters may use anything you say to undermine your claim and your ability to pursue damages, including statements that suggest you were partially at fault for the crash. Once you notify the adjuster that you have retained legal counsel, they must direct all communication through your lawyer rather than contacting you directly. Legal representation in a texting while driving car accident helps balance the power dynamic and shields you from potentially aggressive insurance tactics.
Speak With a Lawyer After an Accident Involving a Texting Driver in Huntsville
Motorists who suffer serious injuries in texting while driving car accidents in Huntsville or anywhere else in the Yellowhammer State can rely on the legal team at Siniard Law to fight tirelessly for their right to recover the largest available reimbursements for their medical expenses, lost wages, property losses, pain and suffering, and all other economic and non-economic damages they deserve under the facts of their case.
We provide a client-focused approach to legal representation in accident and injury cases, with assurances that you will always know the status of your case and opportunity to claim the compensation you deserve. We offer complimentary case evaluations and charge no upfront fees for our services. Contact us today.
