Texting Driver Causes Accident

The widow of a 62 year-old former marathon runner has filed a lawsuit against a driver who hit and killed the runner after the driver failed to stop at a stop sign. The lawsuit alleges that the driver was looking at his phone and texting at the time of the incident. The accident happened in Florida, and the Florida legislature is currently considering enacting a law that would ban texting while driving.

Since it is unusual that someone will witness a driver texting before an accident, phone records are the best form of proof. Once a lawsuit is filed, phone records are typically subpoenaed so that it can be determined if there was a voice and/or text conversation going on at or near the time of the accident.

That is exactly what the Plaintiff in this case has done. While the level of proof has yet to be disclosed, the attorney has said he is confident he can prove the allegations of texting while driving. The best evidence would be if the time of the 911 call was at or near the time of any previous texts in the defendant’s phone records.

If you or someone you know has been the victim of someone else’s carelessness or recklessness behind the wheel of a car, contact Henderson & Waterkotte, P.C. at 314-645-4400.