Written By: Attorney Cole Gumm
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People spend more time than ever before on their cell phones accessing emails, browsing the internet, checking social media accounts, texting friends and family members, and calendaring important events. In many respects, people’s lives are now centered around this small piece of technology that fits in their hand. Despite the convenience that cell phones provide, they also unfortunately create significant risks for innocent passengers on our roadways.
If you are involved in a collision with someone who was texting and driving, it is important that you reach out to experienced attorneys who know how to handle these claims. The texting and driving accident lawyers at Zinda Law Group have the knowledge, experience, and resources to hold the insurance company responsible for your medical bills, property damage, lost wages, pain and suffering, mental anguish, and more.
Insurance companies understand that they face significant exposure if one of their insured drivers causes a crash while texting and driving. However, if you have been the victim of a distracted driver, it is important that you still build a strong, compelling case so the insurance company will fairly evaluate your claims and offer a significant settlement.
Call us today at (800) 863-5312 for a free consultation with one of our personal injury attorneys.
DISTRACTED DRIVING IS FATAL
According to the National Highway Traffic Safety Administration, texting and driving accidents claimed 2,841 lives in 2018 alone. In Texas alone, there were 540,561 motor vehicle crashes in 2018. Of those, 18% (95,572) were caused by distracted driving. This resulted in 394 deaths and 2,340 serious injuries. Of these distractions, texting and driving is the most alarming. Reading or sending a text message takes a person’s eyes off the road for an average of 5 seconds. At 55 mph, that is like driving the entire length of a football field with your eyes closed. Other studies have found that texting and driving impairs a driver similarly to a drunk driver.
HOW ZINDA LAW GROUP HANDLES CASES INVOLVING TEXTING AND DRIVING
Texting and driving accidents must be prosecuted differently than other collisions. The attorneys at Zinda Law Group may take an aggressive approach to ensure all evidence is preserved and analyzed appropriately from the minute we are hired.
1. Send Spoliation/Preservation Letters
One of the first steps our attorneys may take when texting and driving may be involved in a collision is to send spoliation letters to the at-fault party and their insurance carrier. A spoliation letter is a notice letter sent to an opposing party in a collision requesting it preserve relevant evidence. Failing to preserve items outlined in a spoliation letter can result in negative consequences for the insurance company or its insured. Some of the items that may be requested to be preserved include:
- The at-fault party’s cell phone
- The at-fault party’s cell phone records
- The at-fault party’s vehicle
- Photographs and video related to the wreck
2. Investigate the Collision
Unlike many other personal injury firms, Zinda Law Group has a team of dedicated investigators whose sole job is to investigate our clients’ claims. Our investigators will speak to witnesses, take photographs, request governmental records, review social media accounts, and run background checks in order to capture the evidence needed to maximize the value of your claims.
3. File a Lawsuit, if Necessary
Unfortunately, insurance companies often do whatever they can to hide evidence or make evidence inaccessible to injured parties. This is particularly true when texting and driving may have been involved in an accident. If a lawsuit is not filed, the insurance company will often say they have no obligation to provide the relevant evidence to the injured person or their attorneys. For this reason, it may be necessary to file a lawsuit shortly after a wreck involving texting and driving. Once a lawsuit is filed, the at-fault party will be required to produce the requested evidence.
4. Subpoena Cell Phone Records
Cell phone records held by the at-fault party’s cell phone carrier contain a wealth of information. This information includes call times, call lengths, times that text messages are sent and received, as well as the amount of data and time that data is being downloaded and uploaded while browsing the internet or using cell phone applications (such as social media applications) while driving. This information can be obtained from the cell phone carrier by a lawfully issued subpoena.
5. Hire Cell Phone Experts
Forensic cell phone experts are often needed to download, interpret, and analyze data that is subpoenaed from the cell phone carrier or extracted from the cell phone. Using state-of-the-art software and equipment designed for advanced forensics, experts can often extract key evidence from cell phones, SD cards, and sim cards. This includes extracting evidence from cell phones that may have been intentionally damaged by the at-fault party. Cell phone experts can then provide opinions about whether a cell phone was being used at the time of a collision, how it was being used, and whether it played a role in the collision.
HOLDING THE INSURANCE COMPANY RESPONSIBLE
Insurance companies know that there is significant exposure if their insured causes a collision while texting and driving. Despite this, the insurance carrier will often attempt to minimize the potential effect driving distracted can have on the value of your claim. The attorneys at Zinda Law Group may be able to help you hold the insurance company responsible for their insured’s negligence.
Learn More: How to Negotiate with an Insurance Company
CALL ZINDA LAW GROUP FOR A FREE CONSULTATION
Unfortunately, car wrecks involving texting and driving occur every day. We hope you never have to experience a distracted driving collision, but if you or a loved one is ever faced with these unfortunate circumstances, Zinda Law Group may be able to help. Our experienced car accident attorneys may help ensure the proper steps are taken to seek maximum compensation for your claims.
If you or a loved one was the victim of a distracted driving collision, call the lawyers at Zinda Law Group today at (800) 863-5312 for a free consultation. You will not owe us anything for our efforts unless we win your case. That’s our No Win, No Fee Guarantee.
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