call-icon(512) 883-0277
call us icon(512) 883-0277
Text Us

How Can I Prove My Texas Motorcycle Accident Was Caused by a Texting Driver?

How Can I Prove My Texas Motorcycle Accident Was Caused by a Texting Driver?

Since September 2017, texting while driving has been illegal in Texas, according to the Texas Department of Transportation. Some Texas cities have even gone as far as banning all cellphone use while driving.

Still, nearly 40% of all motorcycle accidents involve a distracted or inattentive driver. Tragically. Cellphone use is a leading culprit in these collisions, causing catastrophic injuries and fatalities, as far too many motorists continue to give in to the temptation to stay connected when they are behind the wheel.

If our Glen Larson Law Injury Attorneys motorcycle accident attorney suspect cellphone usage may have played a role in your collision, it may be possible to request the necessary records that will provide evidence of the at-fault driver using their cellphone at the time of the crash.

As founding members of the National Academy of Motorcycle Injury Lawyers, we are committed to protecting the rights and well-being of our biker communities throughout the state. We stand ready to help you. Call (512) 883-0277 today.

Cellphone Records Can Be Subpoenaed After Motorcycle Accidents in the State of Texas

It is not unusual to pass another driver who has his or her head buried in their cellphone. It is even more common to see drivers swerve, run red lights or stop signs, have close calls with pedestrians, and even rear-end another driver because they are paying more attention to their phones than driving.

Motorcyclists see the same behaviors, and because of their vulnerable position, the distraction is terrifying.

To help prove their cases, our skilled Texas motorcycle accident lawyers can subpoena cellphone records from the distracted driver’s mobile carrier. A subpoena is a court order to appear before a judge or produce documents. When the court issues a subpoena to the at-fault driver’s cellphone carrier, the carrier must produce the required records outlined in the court order.

It is common for the courts to require cellphone record waivers to be exchanged, as the phone history at the time of the accident is relevant to any dispute over liability.

Since these waivers are often limited in scope and typically only cover the minutes surrounding the crash, moving quickly to file a lawsuit and issue a subpoena is critical, as most cellphone carriers only keep certain records such as cellphone call, texting, and data logs for a limited time.

Contacting an experienced motorcycle accident attorney in Austin, Texas can help expedite the process.

How Are Cellphone Records Used During Motorcycle Accident & Injury Cases?

The court cannot serve a subpoena for a suspected distracted driver’s cellphone records until our attorneys bring a lawsuit against the at-fault motorist.

Once the cellphone records are obtained by a subpoena, our Texas motorcycle accident attorneys will pursue the following facts (and more) to determine if the accident was caused by cellphone use:

  • The time of the accident, and how it corresponds to witness statements and the police report.
  • The cellphone activity window during the time of the accident, outlining the time and duration of incoming and outgoing calls, timestamps on text messages, and data communications established through the phone’s GPS features.

By showing a correlation between the time of a call or text message and the accident, our dedicated Texas motorcycle accident attorneys can argue that the distracted and at-fault driver caused the accident.

Have You Been Injured in a Texas Motorcycle Accident? We Can Help.

If you have suffered an injury or lost a loved one during a motorcycle accident in Texas, call our skilled Austin personal injury attorneys at Glen Larson Law Injury Attorneys at (512) 883-0277 or contact us online today to schedule a free consultation.

We pursue dedicated, driven results for our clients, and there is never a charge to talk to an attorney. We stand ready to help you.
Related Link:

Get In Touch. Tell Us What Happened.

Call us today: (512) 883-0277

Fields marked with an * are required

I Have Read The Disclaimer *(Required)
Take the Next Step

You have made the right decision to visit Glen Larson Law Injury Attorneys. We understand it’s a difficult time in your life, and we stand ready to help you. There is no risk in talking with us or signing up. We don’t get paid unless you do, and it’s a very simple process.

First, we’ll talk to you over the phone to find out what happened, then we will discuss the client/attorney agreement and send it to you by text or email or in person if needed, and walk you through every step of the way. There’s full transparency.

If you are unable to call or visit the office, we will come to you – even visit you in the hospital. Just let us know. Once you sign up, we will take care of the all the legal issues, and you can focus on your recovery. We are here to serve you and stand ready.

Do not delay, call us today.

How can we help?
Get Help Now.
Available 24/7. Call Now. (512) 883-0277
Se Habla Español. Llamanos Ahora.

© 2024 Glen Larson Law Injury Attorneys. All Rights Reserved.

AMN logo