How Texting Can Affect Your Car Accident Case | David Bate Law

  • By:David Bate


As an auto accident lawyer Memphis TN uses for their big car accident cases, I’ve seen texting completely change the way the laws play out for people.

Distracted driving is always dangerous, but texting can take your eyes off the road for much longer than you realize. As a result, some of the worst accidents out there happen not because of drunk driving or falling asleep at the wheel, but because of texting while driving.

Getting Into an Accident Because of Texting While Driving

When someone gets into an accident while texting or posting to social media, the other driver may be able to use the text as proof of what caused the accident. With an electronic paper trail of sorts, drivers can’t just pretend they saw a deer or that it was the other vehicle’s fault.

These text messages, comments, or likes might show up at a deposition or even at trial as proof that the driver was behaving dangerously on the road and should be held liable for the damages.

If you’re in an accident caused by another driver being on their phone, make sure your attorney looks into it. This can be invaluable evidence for you as you proceed with your case.

Texting About Your Case

If you’ve been injured in a car accident and are still trying to receive compensation for your injuries, you might not want to post about it on Facebook or text your friends details about the wreck. I’ve seen people post pictures of their injuries or of the accident scene that inevitably show up again later because the other side found them online.

You don’t realize in the moment what might be used against you. Sometimes an innocent photo of you out with friends might hide the fact that you were in real pain and had a cast on your right leg. So even though the event was totally innocent, another attorney might be able to twist it into a new narrative. They could say you’re exaggerating your injuries in order to get more money.

I hate seeing this happen to clients, because it’s all preventable. Avoid social media if possible while your case is ongoing, and definitely don’t post anything related to your accident or your case during that time.

If you have been injured in a texting while driving accident, make sure to get an experienced car accident lawyer who will investigate your claim and work hard to prove exactly what happened. You’ll be glad you took the time to find someone who is dedicated to your case.


Darrell Castle & Associates, PLLCThanks to our friends and contributors from Darrell Castle & Associates, PLLC for their insight into car accidents.

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