Latest Blogs

Texting is among the leading causes of car accidents in Florida. According to the latest data from Florida Highway Safety and Motor Vehicles (FLHSMV), of the 341,399 car accidents in Florida in 2020, 48,537 – or roughly 1 in 7 – involved distracted drivers. If you were injured in an accident involving a texting driver, there are several types of evidence a Fort Myers car accident attorney can use to prove that the driver is liable for your injuries.

Evidence Used to Prove that a Driver was Texting While Behind the Wheel

Below are some examples of the types of evidence a Fort Myers car accident attorney may be able to use to prove that your accident was caused by a driver who was texting:

• The Police Report from Your Accident – If you (or anyone else) called 911 from the scene of your accident, the responding officer should have prepared a police report. If the other driver admitted to texting while behind the wheel, or if the responding officer observed any evidence that the driver was texting, this may be noted in the report.  
• Eyewitness Accounts – Eyewitnesses may have seen the driver texting behind the wheel in the moments leading up to your accident. These eyewitnesses could include your passenger, other motorists or pedestrians.
• Photos or Videos from the Scene of the Accident – If you (or anyone else) took photos or videos at the scene of the accident, these could potentially help prove that the other driver was texting. For example, if someone photographed the other driver’s phone in his or her seat or footwell, or if the other driver admitted to texting on camera, your attorney may be able to use this during your claim.
• Traffic or Surveillance Camera Footage – There are traffic cameras located throughout Fort Myers, and many businesses have surveillance cameras that capture footage of local roads. If your car accident was caught on film, the footage could show that the driver was texting at the time of the crash.
• The Driver’s Phone Records – When you hire a Fort Myers car accident attorney to represent you, your attorney will be able to request the other driver’s phone records from his or her carrier. These records should show whether the driver was using data when your accident happened.
• The Driver’s Social Media Posts – These days, social media posts often play a key role in personal injury claims. If the other driver posted about causing an accident while texting, your attorney can use the post(s) as evidence in your claim.
• The Driver’s Testimony – Your attorney can also seek to take the other driver’s testimony through a deposition or at trial. The driver will be required to provide his or her testimony under oath, and your attorney will be able to confront the driver with any evidence that he or she was texting behind the wheel.  

Discuss Your Case with Fort Myers Car Accident Attorney Randall L. Spivey

Were you injured in an accident caused by a driver who was texting? If so, we want to help you get the financial compensation you deserve. To speak with Fort Myers car accident attorney Randall L. Spivey for free, call Spivey Law Firm, Personal Injury Attorneys, P.A. at 888-477-4839 or tell us how we can reach you online now.