Getting into a car crash can turn your whole day upside down in a second. You might be hurting, worried about your car, and not sure how you will pay your bills while missing work. If you think the other driver was looking at their phone when they hit you, you are not alone. Distracted driving is one of the top causes of car wrecks in Lexington and across Central Kentucky.
Texting while driving is against the law in Kentucky. Knowing how to show the other driver was distracted can make a big difference in getting the money you need to recover.
Kentucky’s law against texting while driving
Kentucky takes distracted driving seriously. And for drivers under 18, the rule goes even further. Young drivers cannot use a cell phone or any personal wireless device in any way while behind the wheel, not even for calls. When a driver breaks this law and causes a wreck, choosing to look at a screen instead of the road is clear proof of negligence.
How can you prove the other driver was on their phone?
After a crash, the other driver might tell police they do not know what happened or say you stopped too fast. There are a few good ways to get proof they were using their phone.
- Police reports and witness statements: Tell the officer right away if you saw the other driver looking down or holding a phone before the crash. Other drivers or people nearby may have seen the same thing.
- Cell phone records: Your lawyer can ask the court to order the other driver’s phone records. These records show the exact time texts were sent or received, along with calls and data use. Matching that time to the moment of your crash is strong proof.
- Traffic and dashcam video: Many intersections, gas stations, and businesses in Fayette County have security cameras. Cars nearby may also have dashcams that caught the driver holding a phone before the impact.
Each of these pieces of evidence can help build a clear picture of what happened and support your claim for fair compensation.
What to do right after the crash
If you think the other driver was texting, take these steps to protect your case:
- Call 911 right away so police and medical teams can come to the scene
- See a doctor even if you feel okay since some neck and back injuries take days to hurt
- Take photos of the damaged cars, the crash location, and any visible injuries
- Do not sign anything or give a recorded statement to any insurance company before talking to a lawyer
Taking these steps quickly helps protect your right to fair compensation and makes it harder for insurance companies to minimize your claim.
Get local help from attorneys who care
If you or a family member were hurt in a car wreck caused by a distracted driver, you do not have to handle it alone. A car accident attorney in Lexington can review your case and answer your questions every step of the way.
