As Fort Worth car accident injury attorneys, we know that distracted driving – and cellphone use while driving in particular – is a big cause of auto collisions in the DFW area.
Many of our injury clients suspect that the driver who caused their car wreck - and resulting personal injuries - was using their cellphone at the time of the accident – either texting or carrying on a conversation (whether hands-free or not).
While in most instances it is not illegal to be on the phone while driving around Fort Worth, it is certainly an indication that the other driver was not paying full attention to their driving duties. In these cases, we definitely want to find out if indeed our client’s suspicion is correct - that the other driver was on the phone.
Unfortunately, until an injury lawsuit is filed by an experienced personal injury attorney, we are unable to access the information necessary to obtain that hard evidence which proves that the negligent driver was indeed using their cellphone to talk, text, play games or surf the web at the time the crash occurred.
Once a lawsuit is filed, we always ask for defendant to produce their phone bill - which we compare with other evidence such as the 911 call to pinpoint the time of the accident and determine whether the other driver was on the phone.
If the defendant is unwilling or unable to produce the phone records for the day in question, we then subpoena the records from the telephone service provider, such as AT&T, Verizon, Sprint or T–Mobile. Once we get those phone records in from the service provider, we analyze it to see if they were talking on the phone at the time.
This also raises another question of whether they were talking on the phone using a hands–free device. In our opinion, hands–free device is much safer, even though it is still a form of distracted driving. Countless studies have shown that any form of cellphone use while driving takes precious attention away from the task of safely operating a motor vehicle – even hands-free use. There's nothing in these phone bills or records which would indicate whether the person was using a hands–free device. In deposition of the other driver, we always inquire as to the use of the phone, the hands–free device feature and other such questions regarding phone usage.
If you would like to discuss your claim against a distracted driver, please call our law firm today for a free consultation with one of our board certified personal injury lawyers. Call us toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900.
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