I was hit by a driver who was using a cell phone. How can I prove that the driver was using his phone in my case?

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Unfortunately, you can be the safest driver in the world, but as long as you share the roads with other vehicles you are at risk of being involved in an accident. In the past couple of decades, cell phone use while driving has become an epidemic. Although many states are starting to pass laws prohibiting cell phone use, many drivers continue to engage in that risky behavior.

It’s been estimated that every day in the U.S. nine people are killed and over 1,000 are injured in automobile crashes that involve a distracted driver. The majority of those distracted drivers are distracted by cell phones. Cell phone usage while driving involves three main categories of driving distractions: visual (drivers taking their eyes off the road), manual (drivers taking their hands off the wheel), and cognitive (drivers taking their minds off the road and safely operating their vehicles).

If you have been involved in an accident with a driver who you believe was using a cell phone at the time of the accident, you should let the police who respond to the accident know that you believe the other driver was distracted. You should also speak with an attorney. The attorney can subpoena the other driver’s phone records, which can show any calls made around the time of the accident, text messages sent around the time of the accident, or data usage on the phone around the time of the accident. Once the data is obtained, your attorney can question the driver about his or her cell phone usage, and present that evidence to the insurance company.

If you have been involved in an accident with a distracted driver in Houston, it’s important that you speak with a personal injury attorney. Call the Houston personal injury attorneys at Kennedy Hodges at 855-947-0707. Our team can help. Call us today or visit our Facebook page.

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