You know that the driver who crashed into you had their phone in their hands at the time of the wreck. You might have even seen the phone as they swerved into your lane or blew through a red light without stopping.
Clearly, Georgia law makes driving while using a phone illegal, but many people do it anyway. How can you hold that other driver accountable for causing a distraction-related crash?
Insist on reporting the issue to the police
Sometimes, drivers who know they are at fault for a crash will try to convince the other party to not involve the police or insurance companies.
Agreeing to let them cover your costs directly may seem like a great idea, but you will be in a difficult position if they fail to follow through on that promise later. Make sure that you contact the police to report the crash and alert them to your suspicions about distracted driving.
The police can often find proof of phone use
It only takes a few taps of the finger to erase a recently sent message or completely uninstall an app. Drivers might even try hiding their phone and claiming they didn’t have it at the time of the wreck.
While drivers can lie, their cell phone companies will not. If the police have reason to request phone records, the details provided by the phone company could conclusively prove that someone used their phone prior to a crash. The police may also be able to access traffic cameras or even security cameras for nearby businesses that do a driver texting instead of holding the wheel.
Once there is proof of distraction, you will be able to make a claim against their insurance policy or even file a civil lawsuit. Taking the right steps after a motor vehicle crash can help protect your right to compensation.
Margaret Gettle Washburn, P.C. is located in Lawrenceville, GE and serves clients in and around North Metro, Lawrenceville, Norcross, Grayson, Stone Mountain, Lilburn, Duluth, Suwanee, Snellville and Gwinnett County.
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