If you are struggling against physical, financial and emotional hardships after a distracted driving or texting and driving accident that injured you seriously or caused the wrongful death of a loved one, you should read the below frequently asked questions (FAQs) on distracted driving accidents, and then, contact one of our experienced distracted driving accident lawyers today.
Is texting and driving illegal in Alabama?
It is against the law in Alabama to text and drive. Specifically, the statute doesn’t just make writing a text an offense but also sending or reading a text-based communication on any wireless communication device. Doing so subjects the violator to fines.
How does the criminal or traffic case relate to a personal injury claim or lawsuit?
A criminal or traffic charge can impact a civil suit for personal injury. If the crime or traffic charge arises out of the same facts and circumstances which create civil liability, a conviction or guilty plea on such charges can be used against you in a civil proceeding. But, being found innocent of criminal charges or traffic violations does not mean that you can’t also have liability for damages caused another by the action which gave rise to the charge, as the burden of proof on the civil claims or lower.
Can I obtain the cell phone records of the driver?
Cell phone records can usually be obtained by subpoena to the cell service provider. Those records are not confidential or protected from the subpoena powers of the court, and the records can be used against you.
How can I prove the other driver was responsible?
Lawyers skilled in personal injury actions arising from a motor vehicle incident use various tools and techniques to establish the liability of the driver causing the damages. These can rely on many sources of evidence including witness testimony, video camera footage, accident reconstruction, and expert witness testimony.