Signs that the Other Driver Was Texting By Kelly Chanfrau, Esq. on July 19, 2021

texting while drivingTexting is a dangerous form of distracted driving. At 55mph a car can travel the length of a football field in the time it takes to read or send the average text. If an accident occurs while someone is texting, they can be held liable for resulting damages. Unfortunately, drivers rarely admit to texting while driving.

Car accident lawyers at Chanfrau & Chanfrau have represented numerous car accident victims. They know how to identify signs that the other driver was texting, and use this evidence to strengthen the cases of their Daytona Beach, FL, and Palm Coast, FL, clients. This allows us to hold liable parties accountable so that our clients get the maximum compensation they are due.

Phone in Their Hands

One of the most obvious signs that someone was texting at the time of an accident is seeing a phone in their hands. If drivers are bold enough to text while driving, despite the laws against it, they are unlikely to be very sneaky about it. If a driver sees another driver with a cell phone in their hand before an accident occurs, they should report it to the police, insurance company, and a car accident lawyer.

Hunched over Posture

If drivers are trying to conceal cell phone use while driving, their posture is likely to give them away. A common trick for concealing texting while driving is to place the phone on the lap, where people think they can discreetly read or send texts. However, this forces the driver to hunch over or bend their head down, which is a good sign that they are texting.

Light of the Cell Phone

When a car accident occurs at night, drivers can usually tell if a person is texting while driving because they will see the glow of the cell phone. Cell phone lights can illuminate the inside of a car. When someone is looking at a cell phone to text at night, the cell phone will likely create a glow of light on their face.

Police Report and/or Citation

The abovementioned signs that someone is texting while driving are valid, but they are difficult to use as evidence in court, especially if there are no other witnesses to the behavior. If someone is involved in a car accident and they suspect that the other driver was texting at the time, they should report it to the responding police officer. The police officer can either make note of the accusation in their police report, or if they find evidence of texting and driving the driver can be given a citation, which would be strong evidence in proving accident liability.

Phone Records

The strongest evidence that another driver was texting at the time of a crash is their phone records. If our lawyers believe that a car accident was caused by texting while driving, we will seek a subpoena to obtain the other driver’s phone records. This allows us to demonstrate accident liability so that our Daytona Beach clients obtain the compensation they are due for accident damages.

Get in Touch with Chanfrau & Chanfrau

If you have been injured in a car accident involving texting while driving, the lawyers at Chanfrau & Chanfrau can gather the evidence needed to prove accident liability. To discuss your case with our legal team, send us a message online, or call (386) 258-7313 at your earliest convenience.

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Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

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For more information about our legal services, contact our firm online or call (386) 258-7313 today.

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