Were you injured in a car accident on Highway 138 in Walnut Grove, Georgia because the at-fault driver was texting and driving?
It will be hard to prove the at-fault driver was texting and driving if the only evidence you have is your word against the at-fault driver’s word. Please see below the 3 steps you need to take to be able to prove the at-fault driver was actually texting and driving.
FIRST-SEND THE AT-FAULT DRIVER A PRESERVATION LETTER
You will not be able to obtain the at-fault driver’s phone or phone records until you file a lawsuit, which can take months to materialize. To prevent the driver from disposing of the phone or deleting any data from the phone, you need to send the driver a preservation letter as soon as possible.
After the accident occurs, make sure to obtain the at-fault driver’s contact information. Once you have this information, prepare a preservation letter to the at-fault driver requesting that he/she preserve the phone and all data on the phone such as text messages and messaging apps that were on the phone on the day of the accident.
Once you do this, the at-fault driver is now on notice not to destroy or dispose of the phone and any data on the phone related to texting and driving. If the driver fails to preserve the phone and the data on the phone, you can later file a motion for sanctions for destroying evidence.
SECOND-ONCE THE LAWSUIT IS FILED, REQUEST THE AT-FAULT DRIVER’S PHONE RECORDS DIRECTLY FROM THE CELL PHONE CARRIER
Once you file a lawsuit, you then will have the power to request the at-fault driver’s phone records for the day of the accident from the cell phone carrier. You will have to send either a subpoena or a non-party request for production of documents to obtain these records. Once you receive the records, you can see the times the at-fault driver was texting and on the phone for the day of the accident.
THIRD-REQUEST TO INSPECT THE AT-FAULT DRIVER’S CELL PHONE AND TO PERFORM A DATA DOWNLOAD OF THE PHONE FOR THE DAY OF THE ACCIDENT
Did you know that there are companies that you can hire to perform a download of a person’s cell phone? The download will tell you the activity on the at-fault driver’s phone for the day of the accident. This will allow you to see everything the at-fault driver was doing on his/her phone leading up to the accident.
Undoubtedly, the defense lawyer will try to object to your request to have a cell phone expert download the contents of the at-fault driver’s phone for the day of the accident. If you are claiming that the at-fault driver was texting and driving at the time of the accident, however, you will have a valid argument with the judge as to why this evidence needs to be obtained.
CONTACT BARTLETT BENTON
Should you find yourself in a car accident on Highway 138 in Walnut Grove, Georgia because the at-fault driver was texting and driving, please call Bartlett Benton at 770-365-6414 for a free case evaluation and for help in proving the at-fault driver’s negligence.