How to Prove the Other Driver Was on Their Phone After a Car Accident

Texting and driving has become a prevalent danger on today’s roadways. While many distracted drivers are confident in their ability to use a cellphone behind the wheel, it only takes a split second to cause a crash. That split second can turn into months of pain, suffering, medical bills, and lost wages for crash victims. At worst, it can lead to someone’s death.

That’s why the Law.com Premier Texting and Driving Accident Attorneys are committed to holding distracted drivers accountable when they cause a crash. If you or a loved one was injured, contact a lawyer in your area for a free consultation.

Is texting and driving illegal?

Before delving into how to prove texting while driving, it's important to understand the texting and driving laws in your state. These laws typically prohibit sending, reading, or composing text messages while operating a motor vehicle. Many states also prohibit any hand-held cell phone use while driving, including talking on the phone.

However, these laws vary by state. For example, in some states, texting and driving is a primary offense. This means that a police officer can pull over a driver and give them a ticket for texting and driving. In states where it’s a secondary offense, law enforcement can only cite drivers for texting and driving if they’ve been stopped for another traffic violation.

Missouri and Montana are the only states that haven’t prohibited texting and driving.

Texting while driving is considered a crime in many states, and it can lead to criminal charges. The severity of the offense varies, with penalties ranging from fines to license suspension and even jail time in some cases. In addition to criminal charges, texting while driving can also result in civil liability if distracted driving causes a car accident.

How to prove texting while driving

Proving that the other driver was on their phone at the time of the crash requires collecting evidence. Here’s what an attorney may look for:

• Cell phone records: An attorney may subpoena that at-fault driver’s mobile provider for cell phone records. These records can indicate if the driver was using a cellphone at the time of the crash.
• Surveillance video footage: If there are any surveillance cameras near the crash scene, an attorney may try to obtain the footage. This footage may show the at-fault driver on their phone.
• Witness testimony: If any witnesses were present at the time of the crash, an attorney may call on them to provide statements about what they saw.
• Police report: If the at-fault driver was cited for texting and driving, or admitted it to police, it will be documented in the police report.

Understanding the auto accident settlement timeline is important when knowing what to expect from your claim. The timeline can vary significantly depending on the complexity of your case, the extent of your injuries, and other factors. Generally, the settlement process involves the following stages:

• Initial consultation: You consult with a texting and driving accident attorney to evaluate your case's merits and discuss legal strategies.
• Investigation: Your attorney investigates the crash scene, collects evidence, and evaluates the strength of your case.
• Demand letter: Your attorney sends a demand letter to the at-fault driver's insurance company, outlining your damages and seeking compensation.
• Negotiations: Both parties engage in negotiations to reach a settlement. This process can take weeks or months, depending on the complexity of the case.
• Settlement agreement: If an agreement is reached, you'll receive a settlement offer. If you accept it, the case is resolved.
• Lawsuit: If negotiations fail, your attorney may file a lawsuit, leading to a more extended legal process.
• Trial: If the case goes to trial, it can take several months or even years to reach a resolution.

Filing a claim for a texting and driving accident typically involves the following steps:

• Getting a medical evaluation: This is one of the most important steps to building a valid claim. Even if you feel fine, see a doctor. A medical evaluation can identify hidden injuries and the cause of minor aches and pains. Plus, it can establish a link between your injury and the crash.
• Report the crash to your insurance company: Always let your insurance company know that you were involved in a car accident. Only provide basic information and avoid speaking to the at-fault driver’s insurance company. 
• Consult an attorney: Seek legal representation from an experienced texting and driving accident lawyer who can guide you through the process and protect your rights.
• Gather evidence: Collect evidence to support your claim, including witness statements, photos, and any available cell phone records. Also, keep all medical bills, receipts, pay stubs, and vehicle repair estimates.

When you’re ready to initiate your texting and driving accident claim, contact a Law.com Premier Attorney near you. Our verified attorneys operate on a contingency fee basis. This means that you only pay if they win your case. If they’re not able to recover damages, then you owe nothing. 

Plus, Premier Attorneys offer free legal consultations where you can ask questions and explore your options. To get started, contact a lawyer near you and set up a free, no-obligation consultation.