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How can you prove someone was on the phone while driving?

On Behalf of | Jul 17, 2018 | Car Accidents |

Everyone knows that you’re supposed to stay off cellphones when behind the wheel. But that doesn’t always stop people from texting or talking on their cellphones despite them knowing better.

If you end up injured because a driver was more interested in a phone conversation than the road, how can you prove that a cellphone played a part in your accident? There are several ways to go about it, including:

The officer’s report

A police officer typically takes note of anything that a driver says after an accident that might be important. That includes things like, “I just glanced away for a moment.”

While that may not sound like a terribly incriminating statement, it’s enough to suggest that the driver might have been on his or her phone. An attorney can use it to open a line of questioning during a deposition that could reveal more information — including the fact that the driver was on the phone.

Witness statements

If there were passengers in the other driver’s car, it may be possible to subpoena them to determine whether or not the driver was on the phone at the time of the wreck. Since they have to testify under oath, most people tend to be truthful.

The phone company’s records

Finally, the other driver’s phone records may be your best source of evidence. An attorney can file a formal discovery request for the release of the other driver’s phone records to verify that that he or she was talking or texting when the collision occurred.

Finding evidence that supports an allegation of distracted driving is just one of the many things that a car accident attorney can do to help facilitate an injured motorist’s claim for compensation. If you’ve been injured by a distracted driver, there may be proof to substantiate the driver’s negligence.


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