Proving that a driver was texting at the time of a crash involves gathering evidence that directly ties the driver’s phone use to the accident. A car accident lawyer can use several techniques to obtain the evidence needed to prove the other driver was engaging in distracting behavior at the time of the accident.

If you were injured in a car accident caused by another driver, you may be entitled to financial compensation for your losses. At Shapiro, Washburn & Sharp, we can evaluate your case and determine your best legal options for recovering damages. Call us today at 833-997-1774 for a free consultation.

What Are Some Ways a Lawyer Builds a Distracted Driving Car Accident Case?

  • Obtaining phone records: A lawyer can subpoena the at-fault driver’s phone records to determine if they sent or received text messages, emails, or other communications during the crash. These records often include timestamps that can align with the moment of the accident.
  • Examining surveillance footage: Nearby businesses, traffic cameras, or dashcams may capture video evidence showing the driver holding or looking at their phone during the moments leading up to the crash.
  • Witness testimony: Witnesses who observed the driver texting or using their phone can provide statements to support the claim.
  • Admission by the driver: In some cases, the at-fault driver may admit to texting when questioned by the police or in depositions.
  • Forensic analysis: A lawyer may work with forensic experts to analyze the driver’s phone or vehicle data (e.g., infotainment systems) for evidence of recent phone activity.

What Role Do Phone Records Play in Establishing Fault?

Phone records are often the cornerstone of proving that a driver was texting at the time of the crash. These records include detailed calls, text messages, and data usage logs, often with precise timestamps. Lawyers use these logs to match the time of phone activity to the timing of the crash.

For example, if the crash occurred at 3:15 p.m. and the phone records show a text was sent at 3:14 p.m., it strongly suggests the driver may have been distracted at the time. Additionally, lawyers may look for behavior patterns, such as repeated texting while driving.

Phone records can be obtained through a subpoena, which compels the driver’s phone carrier to release the data. While this process requires legal authorization, it is one of the most effective ways to establish that the driver was using their phone during the accident.

Can Eyewitnesses Help Prove the Driver Was Texting?

Eyewitness testimony can be crucial in proving that a driver was texting at the time of a crash. Witnesses may include passengers, other drivers, pedestrians, or nearby residents who observed the at-fault driver’s behavior before or during the accident.

Key observations witnesses can provide include:

  • Seeing the driver holding a phone, typing, or looking down at their lap.
  • Noticing erratic driving behavior, such as swerving, delayed reactions, or failing to stop at a red light.
  • Hearing the driver admit to texting immediately after the crash.

Witness testimony is often compelling in court. It provides an independent account of the driver’s actions. Combined with other evidence, like phone records, witness statements can strengthen the case against the at-fault driver.

What Other Evidence Can Support a Claim That Texting Caused the Crash?

In addition to phone records and witness testimony, other types of evidence can demonstrate that texting was a contributing factor in the crash:

  • Police reports: Officers investigating the scene often document whether distracted driving caused the accident. If the driver admitted to texting or if the officer observed the phone, this information might be included in the report.
  • Crash scene evidence: The nature of the crash itself may suggest distraction. For example, rear-end collisions or failure to brake can indicate the driver wasn’t paying attention to the road.
  • Device forensics: Forensic analysis of the driver’s phone can reveal recently opened apps, outgoing messages, or ongoing conversations during the crash.
  • Black box data: Many modern vehicles are equipped with event data recorders (EDRs), also called “black boxes.” These devices record information such as speed, braking, and steering. For instance, a lack of braking before impact could suggest the driver was distracted.
  • Social media or messaging activity: If the driver was active on social media or using messaging apps at the time, this digital footprint could provide additional proof of distraction.

By gathering and combining these pieces of evidence, a lawyer can establish a strong argument that texting caused the crash and hold the at-fault driver accountable for their negligence.

How Can Your Law Firm Help?

If you have been injured in an accident caused by a negligent driver, do not delay contacting Shapiro, Washburn & Sharp to speak with one of our skilled car accident attorneys. We will evaluate your case and determine your best legal options for recovering damages caused by the accident.

Call us at 833-997-1774 to schedule a free consultation and let us help you get the compensation you deserve.