Texting and driving accidents have become all too common. These accidents have a tendency to be very severe because drivers who are oblivious to critical markings or controls on the roadway and typically crash into objects or other cars with little to no reduction in speed or evasive action. These collisions frequently occur at full traveling speed and occur at intersections, head on, or rear end. The part that makes them so dangerous is that a texting driver does simply get into a tight spot on the roadway and make a mistake that they thereafter try to avoid but cannot avoid an impact. Instead, a texting driver is completely oblivious to the danger that they are creating and the impact occurs with full force.

 

Florida has made texting and driving illegal, however, catching someone in the act and proving it can be difficult. When a crash happens, you should look to see what the other driver is doing and should ask witnesses if they saw the other driver typing on a phone. If you or other people witness the other driver overly concerned about their phone, it is a sign that they were at least using the phone and driving if not texting and driving. If you suspect texting a driving, you likely will not know whether you can prove that they were texting and driving until you get into litigation where your attorney can subpoena their phone records from their provider. Some providers only store the actual text messages for a few days while others store the actual messages, even if deleted from a phone, for six months or longer. If the evidence is obtainable, it is critical that you hire an attorney with experience in seeking this information out as well as to know what evidence will be obtainable in the first place.

 

If you or a loved one has been injured by a texting driver, please contact a Lakeland texting and driving attorney for help with your case. Knowing where to look and having the right information can make a significant difference in the outcome of your case. You may even need to take the deposition of the offending driver before you get the information that you need. A consultation with a Lakeland texting and driving attorney with Russo Law is free.