In Ohio, drivers who are cited for violating the state’s texting and driving ban may see their insurance rates increase by as much as 35 percent. This significant insurance hike is just one reason that many drivers who are involved in crashes and collisions are reluctant to admit they were texting.
If you are involved in an accident and believe that the other driver was texting on his or her cellphone, it’s important to explore your legal options. Being able to prove that an at-fault driver was texting can increase your chances of securing full compensation for your injuries and property damage.
The following are important steps to take to support your claim during any negotiations or litigation.
Documenting any and all evidence and facts at the accident scene will be vital to your case. For example, in the immediate wake of an accident, not to move your vehicle until everything has been documented, preferably by the police.
Of course, safety should always come first in these situations. Endangering your well-being or that of anyone else for the sake of documenting your claim is not only dangerous, but could also leave you liable for the damages your actions might cause. To ensure for everyone's safety, it’s wise to call emergency services immediately and, if necessary, move your vehicle safely to the side of the road.
Testimony from eyewitnesses may be essential to prove your claims that an at-fault driver was texting and distracted. Interview people who witnessed the accident and get their contact information. These individuals can help you corroborate evidence and build your case.
After an accident, it’s important to seek medical attention to diagnose and treat any injuries. Doing so is especially important for any future legal action you may take to recover compensation for your injuries and related medical expenses. It’s also important to keep in mind that some injuries and symptoms can take days or weeks to notice.
After a car accident, proving that the other driver was texting and distracted can be challenging. While there is no guaranteed method to establish a claim of distracted driving, taking the steps outlined above can help strengthen you case.