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 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 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.