Texting and driving can be dangerous for drivers and others on the road. Unfortunately, proving that phone use distracted the driver at the time of the accident can be challenging. However, it is also a vital step toward getting the compensation you need after a crash.
Witness statements
Witnesses can provide crucial evidence in proving that the other driver was distracted. Nearby drivers, passengers or pedestrians may have seen the driver using their phone before the crash or noticed that they had turned their face toward their lap as if trying to hide a phone. Immediately after the accident, try to collect contact information from witnesses.
Police report
When police arrive at the scene, they will create an accident report which might include observations of texting or phone usage, especially if the driver admits to it. Request a copy of the police report, as it will be a critical piece of evidence.
Traffic camera footage
Depending on the driver’s speed, they may travel the length of a football field in just five seconds. If the accident occurred in an area with traffic cameras, many cameras along this road might have captured the moments leading up to the accident. The footage from these cameras may have captured images of the driver texting or picking up their phone.
Cell phone records
This step generally requires the assistance of an attorney, but it can provide powerful evidence to support your claim. An attorney can help subpoena the driver’s cell phone records to demonstrate that they were using their phone at the time of the accident.
Texting and driving can be a particularly dangerous form of distracted driving. However, with the right evidence, it is possible to prove that another driver acted irresponsibly and hold them responsible in court.