There are many distractions that can result in accidents on the road, some of which can be prevented, while others can’t. However, texting is one of those distractions that can and should be prevented, as it can lead to serious repercussions for everyone involved.
So, if you have been the victim of a texting while driving accident in Camas, WA, you need to seek representation from a car accident lawyer. At Henderson Taylor Law Firm, our team of car accident lawyers has extensive experience handling distracted driving cases across Washington state.
Keep reading to find out what to do if you’re in a texting while driving accident in Camas, WA, and the types of evidence you should collect.
How Liability Works in Camas, Washington
Before we discuss how to collect distracted driver evidence in Washington, you first need to understand how driver liability works in Washington state. Washington law is quite direct regarding this point, basing liability on negligence. Usually, negligence means that the driver failed to use reasonable care when operating their vehicle, which led to the collision.
Also, specifically for texting while driving accidents in Washington, this goes against the personal electronic device band that Washington has in place. So, if you are able to prove that the other driver was texting while driving, you would have a very strong claim.
Washington takes texting while driving claims very seriously since this isn’t considered to be a standard case of negligence. After all, all drivers are guilty of some measure of negligence, whether that be adjusting a GPS or getting distracted by nearby business signs while driving. However, texting while driving is much more serious since the at fault driver isn’t just inattentive; they are purposefully engaging in something that takes their attention from the road.
Types of Evidence Used in Texting-Related Accidents
Even if it was obvious to you that the other driver was texting before the accident occurred, you need to be able to prove this without a doubt when you file your accident claim. Additionally, a distracted driving negligence claim needs to cover four elements: duty of care, breach of duty, causation, and damages.
Here is a breakdown of all of the types of evidence you can use to support your distracted driving claim.
Phone Records & Data
One of the most important pieces of evidence you can use to support your phone use accident claim is the other driver’s phone records. Keep in mind that you cannot access these records on your own, as you would need consent from the other driver. And because they aren’t very likely to provide their consent, you may need to go the more legal route of getting a subpoena.
It’s crucial that you get a subpoena as quickly as possible before any phone records or data is destroyed. This can provide substantial evidence for your claim by proving that the driver’s phone was in use at the time of the accident.
Surveillance Photos & Footage
Nearby surveillance cameras and dash cams can also provide evidence to support that the other driver was texting. Unfortunately, it can be challenging to access this type of evidence for your claim on your own, which is why you need to get the help of a Camas car accident lawyer.
Eyewitness Testimony
Anyone who witnessed the accident may also be able to provide testimony regarding whether or not the other driver was using their phone at the time of the accident. That is why you should get the contact information of any witnesses directly after the accident so that your attorney can later get a written testimony from them.
Expert Analysis
In more challenging or complex distracted driving cases, you may need to use expert analysis or accident reconstruction. This is when an expert comes in to examine the physical evidence of the accident to determine what directly caused it.
And although an expert analysis may not be able to point directly at texting while driving, it can prove that the other driver’s attention wasn’t on the road.
Medical Records
Besides proving that the other driver is responsible for the accident, you also need to prove the extent of your damages. So, if you suffered injuries from the accident, you will need to provide extensive medical documentation to prove this.
Some of the most common forms of medical evidence you can use include things like doctor’s notes, medical diagnoses, treatment costs, and copies of your medical history.
Protecting Your Right to Compensation in Texting-Related Accidents
Even the strongest car accident case can be damaged by taking the wrong steps after the accident. That is why you need to be very careful and avoid making common mistakes, such as:
- Discussing the cause of the accident with the other driver.
- Handling negotiations on your own.
- Accepting the first settlement offer you receive.
- Posting details of the accident online.
- Waiting too long to request phone records.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
Texting while driving accidents in Camas, WA, are the perfect example of accidents that could easily be prevented if drivers drove responsibly. But if this isn’t the case and you’re the victim of a distracted driving accident, you need to be able to prove that the other driver was liable.
At Henderson Taylor Law Firm, our experienced car accident lawyers are committed to defending the downtrodden and helping our clients in Washington get the settlement they are entitled to. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I access the other driver’s phone records?
Not personally, but you can request the other driver’s phone records through a court-order subpoena.
What if there’s no direct proof of texting?
You may still be able to prove that the other driver was distracted, even if you can’t directly prove that the distraction was phone-related.
Will distracted driving increase my compensation?
It might since this is a direct breach of duty of care on the part of the other driver.