Evidence to Prove the Guilty Party Was Texting While Driving in a Waldorf, Maryland Auto Accident

In Maryland, drivers of cars, trucks, and other vehicles are not allowed to text on their phones or devices while driving. Texting takes concentration and focus away from the dangerous activity of driving a vehicle. Texting while driving is a form of distracted driving and is the primary cause of hundreds of car accidents every year. Drivers in Maryland have a duty to drive carefully and be watchful for others using the roads. Texting while driving is a violation of that duty. As such, if it is proven that the other driver was texting while driving, that will likely result in legal liability if an accident is caused.

Under Maryland law, if you are injured by the wrongful behavior of another driver, you can make an insurance claim and file a personal injury lawsuit. To win, you must prove that the at-fault party was negligent. This means proving the four elements of negligence, which are:

• Duty
• Breach
• Causation and
• Injury/damages

As noted, all drivers have a “duty of care” in Maryland, which means being watchful, paying attention to the road, and obeying traffic law. If the at-fault driver was texting while driving, that person has violated his or her duty of care. Those are the first two legal elements to prove liability. Causation is generally showing that the breach of duty — texting — had a causal relation to the accident which caused injury or damage to your vehicle.

So, what types of evidence will prove that the other driver was texting while driving? There are several common types of evidence that will prove this. First, the at-fault driver might admit that he or she was texting while driving. This is not that uncommon since people will often state things immediately after an accident that will indicate fault. The at-fault party may also admit their behavior at trial or during depositions when under oath. Another possibility is that the at-fault party will admit to texting when the insurance company conducts its investigation.

Another type of evidence of texting while driving is eye-witness testimony. The victim, for example, might have seen the at-fault driver texting or looking down at a phone or other device. That testimony might not be conclusive proof, but it might be sufficient with other types of evidence.

In addition, many newer vehicles have internal cameras that might show what the at-fault party was doing shortly before the accident. Experienced Maryland auto accident lawyers — like those at the Law Office of Robert Castro — can use legal procedures to obtain copies of the at-fault driver’s video records for the day of the accident. The same legal procedures can be used to obtain copies of the at-fault driver’s telephone records for the day of the accident. On such records, the phone calls and texts are identified with a timestamp. Such can be conclusive evidence that the at-fault party was texting while driving. That would likely be more than enough to prove legal liability.

Victims are entitled to recover compensation for all of their injuries and damages like medical bills, ambulance charges, lost wages, pain and suffering, costs to repair vehicles, and more.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is