How can you prove the driver who hit you was on their phone?

On Behalf of | Aug 20, 2021 | Uncategorized

Cellular phones are essential — and absolutely distracting when someone is behind the wheel of a car.

Whether it’s making calls, sending text messages, looking at the news, posting updates to Facebook, checking an eBay auction or filming a TikTok video, drivers are constantly making bad choices when it comes to their phones. Statistically, thousands of accidents are caused every year by people using their phones when they’re driving.

No, the driver probably isn’t going to admit to their mistake

Let’s face it: Everybody knows they shouldn’t be on their phones when they are driving. It’s highly unlikely that a driver who causes a wreck because they were distracted by their phone is going to own up to their mistake — especially if someone is injured.

So how can you prove your suspicions in order to establish liability for your injury claim? Here are some possibilities:

  • Eyewitness accounts: You may be surprised at the number of witnesses willing to hang around after a wreck and give their statements. Some of them may have seen the other driver on their phone.
  • Cellular data: A subpoena can get records from the other driver’s wireless phone provider to find out when they made calls, sent text messages or performed other activities.
  • Social media activity: Timestamps on someone’s Facebook posts and other social media accounts (including Pokemon Go) can be used to show when someone was “logged in” instead of paying attention to the road.
  • Traffic camera video: Video cameras are everywhere, including on many streetlights. Video from a traffic camera may have caught the driver on their phone — and those videos can also be obtained with subpoenas.

If you’ve been hurt in a wreck by a driver who found their phone more compelling than the traffic, don’t assume you’re powerless to prove the truth. Be proactive about exploring your legal right to compensation for your injuries and losses — and be vocal about your suspicions.



FindLaw Network
Nathan A. Cobb