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Can texting and driving be proven?

On Behalf of | Oct 4, 2023 | Motor Vehicle Accidents

Distracted driving is very common, especially texting and driving. It is illegal, but people still do it, and they cause accidents because they’re not paying attention to the road. This lack of focus leads to mistakes or directly reduces their reaction times so they can’t avoid accidents.

But say that a texting driver hits your car and injures you. They may deny that they were texting at the time of the crash. Is there any way to prove this?

Cellphone records

This has been explored in the past, and cellphone records can sometimes be the best way to prove distraction. They can show the activity that a person was engaging in at the time. For instance, if the accident happened at 4:00 o’clock and there are records that the person sent a text message at 3:59, there’s a very good chance that they were looking at their phone and that’s why they caused the crash.

Do you even need to prove it?

But the other thing to remember is that, if you’re seeking compensation because you were injured in the accident, you may not even need to prove that the person was texting and driving. It simply has to be shown that the accident was their fault. Say that they rear-ended your vehicle at a stoplight because they were looking at their phone. From a personal injury perspective, they would already be negligent for not stopping in time, as the rear driver is most often at fault. The reason why they rear-ended your vehicle isn’t as important as the fact that they did – and that your injuries stem from that crash.

Regardless, these types of cases can get complicated, so be sure you know what legal options you have.