close

How can you prove someone was texting and driving?

A car ride to work can quickly turn deadly if a crash occurs. When the collision is avoidable, it may make take some proving. Distracted driving, particularly the use of cellphones, is still rising, as are the crashes that result.

When you get hit by someone, you may have the suspicion that texting was to blame. However, short of a full confession to a police officer or insurance adjuster, how can you prove the person who hit you was driving distracted at the time of the accident? Discover some of the clues you can use to help authorities string it together.

Witness testimony

The police will want to interview witnesses who may have seen the events leading up to the accident. One of the things they want to know is if the driver was holding a cellphone at any point leading up to the crash. If you notice a witness around the crash site, ask him or her to stay until the police arrive.

Surveillance cameras in the area

Depending on where crash occurred, the driver's negligence may have been captured on surveillance cameras. Security cams cover most of West Palm Beach and many other areas of the county. Report this to the police officers so they can get with local business owners to review footage captured before and after the crash.

Phone records

Getting records from the distracted driver's wireless service provider may prove challenging at first. An attorney well-versed in dealing with this type of case can petition the phone company on your behalf. With the help of those records, all calls and messages that went in and out within the timeframe of the accident may help prove that the driver engaged in phone activity leading up to the moment of impact.

Driving history 

The driver may have previous citations for texting while driving, reckless driving or other negligence. These should show up on their driving record.

Receiving assistance in building evidence against a distracted driver is essential to the success of your case. Utilizing a combination of tactics, you may get the proof you need to throw liability squarely on the other driver.

No Comments

Leave a comment
Comment Information

Testimonials Client Testimonials

  • I was injured at work directly due to poor management decisions. I worked as a lifeguard and a child that was in the care of the day care facility on the campus ran away. He was in immediate danger. I… Shona M.
  • I have recommended Jonathan Levy and his law firm to my friends and one of them became his client. I am truly grateful for everything Jonathan Levy and his team have done on my behalf. He is truly a wonderful attorney. Faithe C.
  • Much to my surprise not only did they win my lawsuit but I ended up getting 3 times the original amount I was expecting to get! I could not have been more pleased with the staff and the outcome. Allison M.
  • If it wasn’t for your help, I know I wouldn’t have been able to win my case. I know that it was far away for you to come to Miami but your professionalism was outstanding. I will always recommend you. Maria W.
  • You might say you were even just doing your job, however, I think it’s essential that you realize how fortunate I am to have such a trusted esteemed attorney in my corner, blessed really. Anonymous
See All Testimonials
Write To Us Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Community Support

Our firm is proud to support organizations in the community. To the right are just a few of the community organizations we support:

  • American Lung Association of Florida – Southeast Area
  • Diabetes Research Institute
  • Hospice of Palm Beach County
  • Habitat for Humanity
  • Karma Kastles
Read More

West Palm Beach
1401 Forum Way Sixth Floor
West Palm Beach, FL 33401

Phone: 561-331-5134
West Palm Beach Law Office Map

Port St. Lucie
1660 SW St. Lucie West Blvd Suite 300
Port St. Lucie, FL 34986

Phone: 561-331-5134
Port St. Lucie Law Office Map

Top
  • The Best Lawyers in America
  • National Academy of Social Insurance
  • Million Dollar Advocates Forum
  • Super Lawyers
  • The Florida Bar | Board Certified