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Jorge: Hi Jason, this guy hit my car yesterday. My wife was with me. It was a hard hit, but we are both okay. She swears that he was on his phone texting or something. Can I sue him?

Jason: Thank you for this question, Jorge. Based on what you’ve told me, it sounds like you could have a case for distracted driving.

Jorge: I was hoping so, thanks Jason. So how do we prove that he was on his phone when he hit us?

Jason: The first thing that you’ll want to do is to hire an experienced personal injury lawyer who knows how to gather the evidence to show he was texting. I’d be happy to take a look at this.

Jorge: Thanks Jason, but how much would it cost for you to help us?

Jason: I wouldn’t charge you anything unless we win the case, then the fees would come out of your settlement or jury award.

Jorge: That’s great! So what kind of evidence would you gather?

Jason: We would request access to the other driver’s cell phone records and do a forensic download of his phone records to catch any messages that were sent by apps that use data such as iMessage and WhatsApp. There’s also a police report, possible video evidence, and any witness testimonies. Additionally, we could bring in an accident reconstruction expert if needed, to study the evidence and determine its cause.

Jorge: Wow! I didn’t realize there were that many ways to gather evidence. What is the next step?

Jason: Let’s schedule a time to go over the details of your case. You can call my cell at 210-591-9777. I also recommend that you and your wife both get checked out by a doctor if you haven’t already. Even if you were able to walk away from the accident, injuries such as whiplash or TBI can surface days or even weeks later.

Jorge: Oh I didn’t realize that.

Jason: That’s a good idea, Jorge. I hope that you are both fine, but if you do have medical injuries, this is something we would want to include in your claim.

Jorge: Thank you Jason. I’ll talk to my wife so we can’t get moving on this.

Jason: I’m glad you contacted me soon after the accident, Jorge. As time passes, it can become more difficult to prove that your damages were a result of the accident. I look forward to working with you.

DeSouza Injury Lawyers is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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