When Life Gives You Lemons — Call an Attorney

If you suffered devastating injuries due to the negligence of a texting driver, you may wonder if there's anything you can do to obtain compensation, especially if the other driver refuses to admit fault for the accident. Your problems may become worse if the at-fault driver deletes their texts from their phone. But with the help of a personal injury attorney and the right information, you can obtain what you need to win your case. Here's more information about texting while driving and what you can do to possibly win your accident case.

Why Did the Driver Delete Their Texts?

According to End Distracted Driving, texting is one of the top driving distractions today. It requires drivers to mentally, physically and visually take their focus from the road. All three factors make texting both dangerous and potentially life-threatening. Although 30 percent of negligent drivers admit to texting when they caused accidents on the road, some individuals may not admit to texting while driving. The individuals may fear the legal ramifications of using their phone while driving.

Over 40 states don't allow people of any age to text while driving, including Arkansas and Alabama. If you live in a state with bans in place, the other driver may refuse to admit to texting to keep law enforcement from fining them. The at-fault driver may take additional steps to protect themselves, including destroying the texts.

While not all at-fault drivers do so, some individuals may attempt to delete their text messages to keep authorities from accessing them later. Electronic data, such as texts, can be used as evidence in a number of cases, including personal injury and criminal. The at-fault drivers may think that if they destroy the evidence on their phones, law enforcement and other officials can't use it against them in court.

However, you can take steps to secure your case and obtain the evidence you need by hiring a personal injury attorney.

How Do You Get the Evidence You Need?

An attorney will most likely examine your police report to see what law enforcement listed as the cause of the accident. The report may also list the names of people, or witnesses, who saw the other driver using their cell phone right before they struck your car. An attorney can use the information to look further into your accident. Even if the driver deleted their texts and other phone data, there are ways to retrieve the information needed for your case. One of the things they might do is subpoena the other driver's phone records and hire a digital private investigator to examine them. 

The records may reveal when texts were sent and the person received a text during the day of your accident. To make the process less stressful, an investigator can use your police report as a guide when they examine the phone records. For example, if the police report reveals that your accident occurred around noon, an investigator may look to see if the other driver received or sent texts during that time period. You should understand that the retrieval process may take some time to complete, so it's important that you keep in touch with an attorney. After an investigator retrieves the data, they'll contact your personal injury attorney with the results. 

After a lawyer has the information they need, they'll try to obtain compensation from the other driver's insurance company. If the insurance company refuses to settle your case, a lawyer can pursue compensation in personal injury court. An attorney can discuss the steps they might take with your particular case with you in private. 

For more information about pursuing a case against the other driver, or if you need immediate representation, contact a personal injury attorney, such as those at LeBaron & Jensen, P.C..