How to Prove Someone Was Texting & Driving

texting and driving

In the state of Florida, motorists are prohibited from texting and driving. Unfortunately, the penalty for doing so—a citation accompanied by a fine—is not enough to compel everyone to keep their phones stowed en route.

If you were struck by a distracted driver, you’re probably wondering how to prove as much so you can hold them accountable for the resulting damages. Since every car accident claim is inherently unique, it’s wise to turn to a seasoned personal injury attorney for guidance. There are a few pieces of evidence, however, that almost all texting and driving claims demand. These include:

1. Cell Phone Records

Documents from the liable party’s telecommunications carrier will likely serve as the foundation of your case. Chances are they won’t release them, however, without legal pressure. Thankfully, a resourceful car accident attorney should be able to submit a subpoena that yields the records you need to start building your claim.

2. Eyewitness Testimony

Those who were in the vicinity when the collision occurred—including other motorists, their passengers, cyclists, and passengers—may have seen the distracted driver typing on their phone. If you managed to record the names and phone numbers of any eyewitnesses before leaving the scene, give them to your legal team. They’ll reach out as soon as possible to obtain the statements needed to bolster your claim.

3. Black Box Data

Most passenger vehicles nowadays are equipped with event data recorders, or “black boxes,” which log all kinds of variables. Certain pieces of this data could end up being incredibly valuable when it comes to proving liability. For example, if it indicates the motorist who struck you didn’t make any evasive maneuvers whatsoever prior to the wreck, you could argue that they clearly weren’t paying attention to their surroundings.

4. Social Media Posts

If the driver who hit you wasn’t actually using their phone to text but, rather, to engage with others on social media, their time-stamped posts could prove integral to your claim. Since they may be tempted to delete specific content once they realize how it could implicate them, however, it’s imperative to take screen shots of their posts as soon as possible.

5. The Police Report

If officers who responded to the scene had reason to believe the motorist was texting and driving—or actually obtained a confession from them stating as much—they should have included it in their official report. Your legal team can help you get a copy of this report.

This document may also contain the names and phone numbers of those who saw the crash, so if you were unable to record that information yourself, don’t worry; it may still be possible to support your claim with eyewitnesses.

Discuss Your Case with a Car Accident Lawyer in Florida

If your life was changed forever because someone couldn’t resist texting and driving, turn to Emerson Straw for help holding them accountable. We have recovered more than $27 million for our valued clients. To schedule your initial consultation with a car accident attorney in Florida, call (727) 821-1500 or complete our Online Contact Form.