Can you prove someone was texting and driving when the car accident occurs?

Yes. It is extremely difficult.

There are two ways we can go about it #

Number one – cell phone records. #

You can petition to have a cell phone records used in your case in order to prove that another driver was texting while driving. Specifically at the time that the accident occurred. They would need to be subpoena through the court system. However, in most instances, it will be difficult to prove that, at the exact time when the accident occured, the negligent driver was texting and driving.

Number two – Witnesses. #

They can include bystanders who saw the accident take place, other drivers or pedestrians. Witnesses should provide their statement to the police officers at the scene of the accident as quickly as possible. In some cases your witnesses may need to be a subpoena, to give a testimony about the texting while driving behaviour they saw. In our experience witness, testimony is best when trying to prove texting and driving and preferably in conjunction with cell phone records. Together witnesses and cell phone records are the best.

Statistic #

It’s scary because the statistics about texting and driving are scary. The National Safety Council reports that 1.6 million crashes each year on US roads are caused by texting and driving.

One out of every four accidents in the United States is caused by a driver that was using a mobile device while driving. And if that’s not scary enough, AAA did a study as well. Talking to teen drivers.

Hope this helps and if you have any question or need additional information about this or any other topic, please don’t hesitate to give us a call at 314-352-6800. Thank you very much and you have a good day.

Also, read more about another topic: https://brlegal.net/docs/should-i-give-a-recorded-statement-to-the-insurance-company/

Bajric & Ramic Law Office
Nedim Ramic – Auto Accident Lawyer – Personal Injury Attorney