How Can My Attorney Prove That The Other Party Is At Fault?

Sometimes distracted drivers will try to avoid taking the blame for causing a car accident. When the circumstances seem unclear, you should hire a texting and driving accident attorney to stand up for you. They will gather enough evidence to prove who is at fault and should be held liable for the damages. 

Police Report 

The police report will contain an unbiased record of how the car accident happened because the officer will record their observation of what caused the accident. The police report can be retrieved by your attorney and included in your settlement claim as evidence. 

Traffic Cameras

There may be traffic or surveillance cameras near the car accident location, revealing how the collision occurred. Your attorney can analyze the footage to see if the driver was distracted in some way before the car accident. For example, the driver may have been texting or eating when the accident happened. 

Subpoena Their Phone Company

Your car accident attorney can subpoena the other driver’s phone company to obtain their texting history. If the records show that they were using their phone at the time of your car accident, this will prove that the other driver was distracted. In the state of Georgia, it is illegal to text and drive. It is also illegal for drivers to read texts and send emails while behind the wheel. 


If there were eye-witnesses near the accident scene, you can collect their contact information and have your attorney contact them during the investigation. Their testimony can also be used as evidence to support your claim further. 

Background History

The other driver may have a bad driving record and have previous incidents of distracted driving. Sometimes their background history can be used to prove that they have caused another accident because of the same behavior. 

Medical Bills

Your injuries can show how serious the texting and driving accident was. You may wind up having to pay expensive medical bills because of your wounds. You can include the costs of follow-up visits, surgeries, medication, physical therapy, imaging scans, and more. These can be used as another form of evidence that your injuries were very severe. Your attorney will calculate this along with your lost wages and non-economic damages. 

What If I’m Partially At Fault?

Sometimes both drivers make mistakes, but that doesn’t mean you can’t receive a settlement. Under Georgia’s comparative negligence law, you can still receive a partial settlement based on your percentage of fault for the accident. You will need a reliable attorney to help you calculate this correctly. 

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How A Georgia Trial Firm Lawyer Can Help You

Our car accident attorneys are very thorough when it comes to proving that the other driver was distracted when the accident happened. They will use their experience to conduct a comprehensive investigation into your car accident case. With their help, you will learn about the damages you can claim and how much compensation you are owed. Don’t wait to start your claim when you suffer from costly medical bills and missing wages because of your injuries. Find out how our lawyers can fight to help you obtain a maximum settlement. Call Georgia Trial Firm today for a free consultation. 

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