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How can I show that a driver was texting?

States such as Illinois ban texting while driving, but of course, that does not stop some drivers. Nor do the statistics that show how deadly texting while driving can be. So, it can be especially frustrating when you are injured in a car wreck by someone who was on his or her cellphone.

Adding to the frustration may be the fact that in many cases, it is tricky to show a driver was texting or on a cellphone when the crash occurred or immediately before, leading to the crash. However, here are some possible ways to show this was the case.

Witnesses

You may not be able to show that a driver was texting, per se, but with witness statements, you may be able to indicate that a driver was on his or her cellphone. Even your own statement explaining what you saw can carry a good deal of weight.

Cameras

Depending on where the wreck happened, cameras may have recorded the driver on his or her phone.

Text evidence

While it is not always possible for police or attorneys to get their hands on the driver's phone, it does happen sometimes. Looking at timestamps and comparing them to the crash timeline can clarify things. Sometimes, the people the driver was texting with will be willing to come forward and show their own texting evidence.

Social media

Many people use "texting" as an umbrella term that encompasses Facebook posts, Facebook messaging, tweeting and the like. In such cases, time stamps from social media can show when a driver was active relative to the time of a crash.

Technology

Getting a look at cellphone records can take a long time and do not necessarily give the answers sought. However, technology could eventually pave a clearer path. For example, Textalyzer should be able to show when someone was texting without going into the content of these conversations. However, these technologies can open up legal and privacy concerns.

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    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....-Jeff D.

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    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....- Dave

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    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.-Jennifer

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    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day...-Larry

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    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.- Tyler D.

  • "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.- Karen K.

  • "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends.-Dan H.

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