Seeking compensation for texting and driving car accidents in Alabama can be less straightforward than you might expect. Although texting while driving is strictly prohibited in the state, your injuries arising from distracted driving collisions may not immediately entitle you to full compensation.
If you have been involved in any of the texting and driving car accidents in Montgomery, AL, you will need to prove that the negligent driver was texting and driving at the same time as your collision. More importantly, even if the other driver was texting while behind the wheel, you will also have to prove that you were not liable for the accident that took place.
How to Prove a Negligent Driver Was Texting and Driving
The state of Alabama strictly prohibits texting and driving for all drivers. This means that drivers are not allowed to write and read text messages, private messages via social media, and e-mail messages. In addition, the use of handheld mobile devices is not allowed for commercial drivers or drivers aged 17 and below whose drivers’ licenses have not yet exceeded the six month period since acquisition.
Even with these strict laws, texting and driving accidents still happen all the time in Montgomery, Alabama. If you have been involved in this type of accident, then an experienced car accident lawyer can help you prove that the other driver was distracted behind the wheel and this negligence led to your accident.
Listed below are some useful ways to prove negligent behavior in texting and driving car accidents:
- Driver confession: After an accident, you may ask the other driver if they had been using a handheld device while driving. Any confession on their part may serve as strong evidence in a texting and driving case.
- Eyewitness accounts: Other people, whether seated inside the car or standing outside, may serve as eyewitnesses in a distracted driving accident.
- Camera footage: There is also a huge chance that the driver’s distracting actions were recorded by dashcams or highway CCTVs in Montgomery, AL. Retrieved footage can serve as strong evidence in court.
- Text message logs: One way to prove that a driver has been texting and driving is for you to check the time of recorded text messages in the phone. You may also want to check the social media postings of the driver to see whether they have been active on social media at the time of the accident.
Given the distance between you and the other driver in these texting and driving car accidents, proving negligence can be a challenge. Thus, it is important for you to gather as much evidence as you can. This will help in proving liability and increasing your chances of receiving rightful compensation in Montgomery, AL.
Recent Texting and Driving Statistics in Montgomery, AL
Even with strict distracted driving laws, drivers all over the country still engage in texting and driving. This negligence is known to result in grim consequences, with the Strategic Highway Safety Plan reporting that a texting driver is 23 times more likely to get into a car wreck than a non-texting driver. Furthermore, a study completed by a university showed that up to 25% of teen drivers respond to text messages while navigating a vehicle on the road. The statistics in Alabama are no less comforting, with up to 1,400 distracted driving accidents recorded in the state between 2009 and 2010.
Anyone involved in texting and driving car accidents will benefit from the committed help of a car accident lawyer in Montgomery, AL.
The Need for a Committed Lawyer in Proving Distracted Driving in Montgomery, AL
In texting and driving car accidents, proving the offense of the other driver is crucial in order for you to be granted compensation. One possible complication in a distracted driving case is that the at-fault party may strive to establish your participatory negligence in the accident. When your contributory negligence is proven, it can be more difficult for you to seek the full and fair compensation you need. This is due to Alabama being governed by the contributory negligence law of car accident compensation.
A dedicated lawyer will work in proving the negligent driver was distracted while driving. This will include compiling police reports, gathering valuable evidence, and interviewing key witnesses. A trustworthy attorney will also represent you in compensation discussions involving these texting and driving car accidents. This will help to ensure that any information or decision is communicated to the other party in a clear and timely manner.
Work with the Vance Law Firm for your Distracted Driving Case in Alabama
Proving texting and driving in an at-fault driver is crucial, especially in a state like Alabama where the contributory negligence rule prevails. If you have been hurt in a texting and driving car accident in Montgomery, AL, talk to us at The Vance Law Firm so you will be better informed of your legal options and your right to seek for full car accident compensation.