How can you prove someone was texting and driving? | Rosenthal, Levy, Simon & Sosa

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.

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