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Did you know that Florida has one of the worst records for car accidents caused by distracted driving? Although drivers can take some precautions to lower their risk of injury or death, there are no precautions to truly protect ourselves from other drivers who choose to use their phones while driving. 

If you sustain injuries in a car accident, you must seek immediate medical attention, even if you feel “fine.” You should also seek assistance from an experienced Fort Myers personal injury attorney to ensure you receive the compensation to which you are entitled due to the negligence of the other motorist. Below are a few simple steps to take if you have been involved in a car accident to prove that the other driver was distracted when they hit you.

Examine the Scene of the Crash

The best time to collect evidence of a distracted driver is at the scene of the accident. Unless the other driver is aggressive, look around for evidence of distracted driving. If you actually saw the driver using their phone or distracted by other unnecessary activities while driving, this is your chance to record that information. Pay close attention to whether the driver still has a phone in their hands once stopped and look to see if a cell phone with the screen turned on is in the seat next to them. Additionally, are there signs that they were eating, putting on makeup, using a GPS, or handling children or pets? If you see any signs that the other driver was distracted, take a picture or video. However, always put your safety first. Don’t attempt to gather evidence if you are hurt or the other driver is aggressive. 

Subpoena Cell Phone Activity

Cell phones are the leading cause of accidents caused by distracted driving. This is why it is important to hire an experienced Fort Myers personal injury attorney who can properly investigate and litigate your claim. An experienced attorney can help get a subpoena to track the other driver’s cell phone activity and determine if they were distracted by their phone at the time of the accident. 

Check for Social Media Use

The information gathered from a cell phone record doesn’t tell the whole story. Instant messaging, social media usage, emails, and many other cell phone apps often leave a trail in the form of logged and timestamped activity. A Fort Myers personal injury attorney can help assess whether or not this is something to look into, and they will help find an expert to investigate whether cell phone activity recorded on a phone’s metadata aligns with the time of the car accident. 

Surveillance Cameras 

These days, surveillance is a standard part of reality, especially in large urban areas. Think about all possible cameras that could have recorded the crash, such as traffic cameras, police car cameras, cell phone footage, surveillance from nearby businesses or homes, or consider investing in a dashcam. Many accidents are caught on camera, and this type of evidence is key to your case.

Contact a Fort Myers Personal Injury Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. Now

If you're the victim of an accident caused by a distracted driver, you have the right to be compensated for your injuries.

To discuss your rights and options under the law, speak with Fort Myers Personal Injury Attorney Randall L. Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible. Contact us online for a free initial consultation.

Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839 or by email to Randall@SpiveyLaw.com.  Visit Spivey Law.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.  

 Contact us online for a free initial consultation.