How Do You Prove the Other Driver Was Distracted? Evidence That Matters

Can you prove a driver was texting?

Often yes, but only if the evidence is saved in time. Most drivers don’t admit it, so claims usually rely on records:

  • Phone records: carriers keep call and text logs for a limited time, and getting them generally takes a legal request.
  • Vehicle data: many cars record speed, braking and impact data that can show a lack of braking before a crash.
  • Video: dash cams, nearby business cameras and traffic cameras often overwrite footage within days.
  • Witnesses: passengers and other drivers often saw the driver looking down.
  • Crash report: officers may note a driver’s statements or signs of phone use.

What should you do right away?
Photograph the scene, get witness names, note whether the other driver was holding a phone, and ask in writing that the other driver and any employer preserve phone records and vehicle data. If it was a company vehicle, the employer may share responsibility.

A distracted driving lawyer can send the preservation requests and gather this evidence.

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