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How can you prove that the driver who hit you was distracted?

| Jul 30, 2020 | Personal injury |

Distracted driving is similar to drunk driving in several ways. It is an incredibly dangerous behavior that many people think they can get away with doing. It also carries with it the potential for serious liability if someone gets hurt.

You may have known in the moments immediately following the crash that the driver who slammed into you was on their phone. However, they may have denied that fact at the scene of the accident and tried to convince police that they weren’t at fault.

If you intend to bring a personal injury claim against a distracted driver because of extensive property damages or medical costs, and possibly lost wages because of an injury, you will likely need evidence of distraction to help you prove fault. How can you prove that a driver was on their phone? 

You may be able to subpoena phone records

In some cases, you can get phone records directly from the service provider for the person driving. Even if they delete individual entries from the history on their device or remove apps so that there isn’t obvious proof of what happened, their cellphone provider will still have information regarding text messages, phone calls and data use on apps.

A subpoena to the phone company may be all that it takes to conclusively show that someone was on their phone when they caused the crash.

There may be witnesses beyond you who saw them on their phone

People know the risks involved with distracted driving, and they may be willing to speak up if they see something. The more people that were around at the time of the crash, the more likely it is that someone saw the other driver on their phone.

Getting the names and numbers of everyone present at the time of the collision can help if you need witness statements after the fact. In some cases, you may need a copy of the police report if you didn’t get that information yourself.

There could be cameras nearby that have video evidence

If you or the other driver have a dashcam installed in your vehicle, there will likely be video evidence of the seconds immediately before the crash. Traffic cameras, dashcams on other vehicles in traffic, and even security cameras at local businesses pointed outside or facing the exterior of their property, could show the other person on their phone.

Getting the right evidence can make it much easier for you to bring a personal injury claim against someone who let a desire for distraction overpower their concern about safety.