How Do You Prove the Other Person Was Texting and Driving?

Distracted driving causes serious accidents every single day in America. One of the most dangerous, yet common, forms of distraction is texting behind the wheel. It may be illegal, but plenty of drivers still do it, and the consequences are often devastating.

If you can prove the other driver was texting and driving before they crashed into you, you can make a strong case for compensation. But exactly how can you do that? Read this guide from the experienced car accident attorneys at The Law Offices of Goldfine & Bowles, P.C., to find out.

Why Proving That the Other Person Was Texting and Driving Is Important

To recover compensation after a crash, you must prove that the other driver was negligent. Distracted driving–including texting while driving–is a clear example of negligence. Proving that the driver was focused on their phone rather than the road when the accident occurred can strengthen your claim significantly.

Common Types of Evidence Used To Prove Texting While Driving

Your word alone won’t be enough to hold the at-fault driver accountable. You’ll need substantial evidence showing that they were driving while distracted. That evidence might include:

Police Reports

After an accident, the responding police officer will ask all involved parties some questions about the accident and how it happened. The other driver may admit to texting, and so it may be documented in the accident report. Even if they don’t admit it, other clues may point to texting and driving, like witness statements or the way the accident occurred.

Cell Phone Records

Cell phone data often provides powerful evidence when the at-fault party was texting and driving. Your attorney can subpoena the driver’s phone records to show when texts were sent or received. If the timestamps are around the moment of the crash, it can directly support your claim. Insurance companies will struggle to argue with hard data.

Witness Statements

Anyone who witnessed the accident may have seen the at-fault driver clearly distracted by their phone before the collision occurred. Their testimony can offer key information you may have missed and lend credibility to your claim.

Surveillance of Traffic Camera Footage

Many intersections now use surveillance cameras. The entire accident may have been captured on film. Nearby businesses often have security cameras outside their buildings, which may have recorded something, too. Video evidence can make a strong impression in court or during settlement negotiations, as it tells a story no one can dispute.

Accident Scene Photos and Videos

Sometimes the crash scene itself reveals distracted driving. For example, if there were no skid marks left by the at-fault party’s vehicle leading up to the collision point, it may suggest that the driver was so distracted that they didn’t even try to brake.

Expert Analysis

In complicated cases, your attorney can bring in an accident reconstruction specialist to investigate the crash and piece together how it happened and who may bear responsibility. Often, if texting and driving contributed to the collision, these experts can provide powerful testimony corroborating that fact.

How a Lawyer Can Help

An experienced attorney can make all the difference when trying to prove texting and driving in a car accident case. Your attorney can help by:

• Reviewing your case for free
• Obtaining cell phone records
• Seeking surveillance footage
• Interviewing witnesses
• Working with accident reconstruction experts
• Negotiating a fair settlement
• Representing you in court, if necessary

Digital evidence and surveillance footage can easily be lost or destroyed before you have a chance to secure it. Your attorney will act swiftly to preserve and obtain this evidence and build the strongest case possible.

Contact an Illinois Car Accident Lawyer Today

If you’ve suffered injuries caused by a distracted driver, you need a skilled personal injury attorney to protect your rights. The team at The Law Offices of Goldfine & Bowles, P.C. will fight to hold the at-fault party accountable and recover the compensation you deserve. Contact our law firm today for your free consultation.