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What do I do if I was hit by someone texting while driving?

Posted on December 5, 2018

If you or your vehicle are struck by a distracted driver who was texting while driving,  it is important to tell the police officer who arrives at the scene.  According to Alabama Code §32-5A-350, it is against the law to use a cellular telephone or other similar device to send or receive text based communications, including text messages, instant or direct messages, pictures, and electronic mail while operating a motor vehicle on a public road, street, or highway.

It is important that you tell the police officer at the scene of the accident and insist that he include it in the crash report.  The crash report plays a critical role in the insurance company’s initial assessment of your case.  If the crash report clearly states that the at-fault driver was texting while driving, the insurance company is likely to accept liability.  Once the insurance company accepts liability, the only remaining issue is damages.  If the crash report fails to state that the at-fault driver was texting at the time of the accident, make sure you tell your attorney.  If a lawsuit is filed, your personal injury attorney in Birmingham can subpoena the texting driver’s cell phone records.

Proving that the at-fault driver caused the accident because they were texting while driving could increase the value of your case.   Texting while driving is a crime in Alabama.  Depending on the circumstances, it could also lead to a reckless driving conviction.  A conviction for the texting driver could lead to additional money for the plaintiff.

If you have been in a car accident caused by a texting driver, seek legal advice from a Birmingham car accident attorney.