How Do I Prove the Other Driver Was Texting And Driving?

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Statistics show that 20% of all accidents that happen result from drivers using cell phones while driving. These cases are six times higher than the accidents caused by drunk driving. To get compensated after an accident involving someone who was using a cell phone, you need to prove that the person was actually on the phone. A Virginia car accident attorney has provided the most effective ways of proving that the other driver was texting and driving that caused the accident.

The National Highway Traffic Safety Administration (NHTSA) found that texting while driving is more dangerous than driving with a blood-alcohol level of .08, which is considered legally intoxicated it almost every state. In fact, a collision is 23 times more likely to happen if the driver is texting. The likelihood of being hit by a driver who is texting gets greater every year, and 30% of car accidents are caused by drivers who admit to texting right before the accident.

Getting the other person to confess

Confessions are usually made by the good people who feel guilty of harming others through their reckless actions. However, most of the drivers usually deny because they know admitting liability will result in fines or even jail time.

20% of all accidents that happen result from drivers using cell phones while driving

Camera evidence

Most streets and roads now have cameras that can capture a driver who might be using a mobile phone, therefore causing an accident. You can rely on cameras such as traffic lights cameras, dashboard cams, ATM cameras, business surveillance cameras, and police surveillance cameras, among other types of cameras that might have captured the accident.

Some owners of the cameras might refuse to hand over footages of the incidences because of privacy reasons. You might need to go to court to compel the camera owners to hand over the relevant footage. It is advisable to work with a lawyer who can guide you on what you legally need to do to get the footages you need.

Cell phone records

You can also prove that a certain driver was using his or her mobile phone just before the accident through phone records. These are the records that show the time of certain calls or the messages sent at a particular time. You need to work with the defendant in your case and the network provider to get the necessary phone records.

The most powerful proof that a driver was texting while driving is most likely their cell phone records. The driver’s cell phone company will not release these records without a court order; your lawyer will need to subpoena these documents for you.

In case the defendant is unwilling to cooperate, you can always get a court order to subpoena the relevant documents. The court will compel the network providers to release the documents to the investigators without delays. As an ordinary person, you might have challenges going through the necessary legal process, and as a result, it is advisable to hire a lawyer who is conversant with the relevant laws.

Evidence from circumstance

There are some kinds of evidence that can prove that the driver was not concentrating on the road despite not being sick, drunk, or asleep. Such pieces of evidence include a lack of skid marks or any indicator that the driver attempted to avoid the accident. This kind of evidence might not be very authoritative, but it shows that the driver was absent-minded.


People who were there when the accident happened can also help you prove that the other driver was on the phone. These can be the people who were inside the car with the other driver or just bystanders who witnessed the accident. This is the primary reason why it is important to take the contact details of the people around immediately after an accident.

It may have been obvious to you (and everyone else in your vehicle) that the motorist involved in your car accident was texting, but how can you prove it? If you’re lucky, the driver will confess to texting while driving under oath. Otherwise, the best a car insurance company can do is politely ask for the cell phone records of the driver. However, he or she could easily just say “no.” On the other hand, a texting while driving accident lawyer has the power to get a court order to subpoena the documents, despite protests from the defendant. The dates and times on the cell phone record become invaluable evidence in bringing forth your claim for damages due to negligence.

Therefore, if you are involved in an accident with a person who is on the phone, you can use one of the outlined methods or combine several methods to prove the other person was actually on the phone.

There are many other kinds of distracted driving, and they can be just as dangerous. Common examples include:

  • Eating or drinking
  • Checking one’s appearance in the mirrors
  • Reaching for items in other seats or consoles
  • Interacting with children or other passengers
  • Adjusting the radio or GPS
  • Reading books, maps, or other materials
  • Applying makeup, lipstick, eye drops, contact lenses, etc.
  • Rubbernecking
  • Daydreaming
  • Using a smartphone for non-texting distractions (e.g. email, games, video, social media, phone calls, etc.)

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