Prosper Texting While Driving Car Accident Lawyer

Texting Driver Negligence in Prosper

An essential element of any texting while driving case requires a Prosper attorney to prove that the other motorist was using their cellphone at the time of the collision. Without an express admission from the at-fault driver, a claimant may wonder how they could prove what the other driver was doing in the moments immediately preceding the crash. Witness statements may be useful in meeting this burden. Others on the road may have observed the at-fault driver using their phone, or an occupant in the defendant’s vehicle may know that this person was texting just before the crash. Witnesses who stopped at the crash to assist also may have heard the negligent motorist make statements about using a cellphone at the time of the accident. The defendant’s cellphone records also may be useful to the claimant, as long as they can obtain this information promptly. These records may show whether the defendant was sending or receiving any text messages in the moments before the crash. Unlike a witness testimony, these records are objective and are much more difficult for a defendant to challenge.