How Can You Prove a Car Accident Caused by Texting

Up to 80% of all car crashes are due to driver distraction. And even though everyone knows that texting and driving is illegal, 55% of teens say it’s easy to drive and send a text at the same time. 44% of adults say that they have at least once used their cell phone in a way that puts themselves or others in danger while driving.*

It’s not just typing and sending a text that’s illegal, even reading a text is illegal and can cause a car accident injury. If you’re the victim in a car accident, it is helpful to be able to prove that the other driver was texting and driving, if that was the case. The evidence to prove texting distraction isn’t as difficult to collect as it seems. Knowing the following 5 tips help you if you pursue a personal injury claim against the other driver for car repairs, medical bills, out-of-pocket expenses, and lost wages:

  1. Ask the other driver if they were on their phone. The driver may admit to talking or texting with a friend or relative when the crash happened.
  2. Collect witness statements, along with name and contact info. Witnesses often see an accident in progress and can testify to what happened.
  3. Take photos of the interior of the car right away. The position of the cell phone may contribute to proof of illegal use of the phone.
  4. Tell the police (if they come to the scene) if you have suspicions about the other driver texting and driving. The information will go into the police report. The police report assigns fault to one party or another based on evidence at the scene, such as position of cars and/or skid marks.
  5. Note the exact time of the accident. Later, an auto injury attorney or court may issue a subpoena for driver cell phone records that prove what was taking place at the time of the accident.

Remember to always ask medical professionals to connect your treatment for injuries to the specific car accident. Such information is important for a smooth process of medical bill payment. If you have serious injuries as a victim of a motor vehicle accident, then an auto injury lawyer can provide helpful assistance in sorting out all of the details and collecting the payments due to you. But even less serious injuries such as sprains or whiplash often benefit with help from a knowledgeable lawyer for auto accidents.

Texting drivers are legally liable for all damages. Stay safe – don’t text and drive.


Read more on fatalities statistics in regards to texting while driving here.



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