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How Do You Prove That the At-Fault Driver Was Texting and Driving?

Even though 48 states have laws that ban texting while driving, around 16.2% of drivers have committed the act while behind the wheel. Texting is a form of distracted driving since the driver takes their focus off of the road and onto their mobile device. Many people think it’s safe to text while at a stoplight, but it’s still very dangerous.

You or a loved one might have recently been in a car accident where you sustained major injuries. You could have strong reason to believe that the other driver was texting and driving at the time of the accident. But how do you prove that they were?

This guide will discuss the various ways to prove that the at-fault driver was texting at the time of your vehicle accident. We’ll also talk about why it’s important to work with a car accident lawyer in Florida.

Get the at-fault Driver’s Cell Phone Records

Driving while texting is a primary offense in Florida. One of the best ways to show that the at-fault driver was texting is with their cell phone records. Their cell phone records can show you the following information:

  • If they were on their phone before the accident
  • Whether they were sending or receiving text messages

The driver’s cell phone records aren’t public information. Your lawyer will have to subpoena them. If their phone records show that they were sending or receiving text messages at the time of your vehicle wreck, that could indicate that they were a distracted driver.

Gather Eyewitness Testimony

Any nearby witnesses at the scene of the accident might have seen the other driver texting. These individuals can testify and give statements on your behalf. Their information can corroborate other evidence, including cell phone data.

Eyewitness testimony is great evidence you can present in your case. That’s because eyewitnesses are third parties that don’t have a stake in the outcome of your case. They’re considered to be objective individuals that provide truthful information.

If you notice any witnesses at the scene of your crash, get the following details from them:

  • Name
  • Phone number
  • Email address
  • What they saw

Evidence at the Accident Scene

Gathering evidence from the scene of your car accident can further prove your case. If you’re able to, take videos and photos of everything involved in the crash. Ask someone else to do it if you’re injured or unable to get this evidence.

Visual records of the accident site can show that the at-fault driver was distracted. For example, no skid marks at the collision spot indicate that the other driver didn’t brake. That might mean they weren’t paying attention right before the crash.

Review the Police Report

The easiest way to prove an at-fault driver was texting while driving is by getting them to admit it. They might have told the reported officer at the scene that they were texting. You’re required to notify the police after you’ve been in a car accident where one of the following occurred:

  • Someone was injured
  • Someone died
  • Property damages amount to more than $1,000

Calling the police after a car accident, even if none of the above occurred, is still important. That’s because officers are required to create a police report after visiting the scene of an accident.

Read through the police report to find out if that information is in there. The police report could also include details you might have missed at the scene of the accident. Some of the details that might be included in a police report are:

  • Notes about the accident
  • Descriptions of injuries
  • The initial idea of who’s at-fault

If the police officer believes that distracted driving was a factor in your car accident, they’ll note that in their report.

Explore Car Accident Reconstruction

A car accident reconstruction expert can recreate the scene of your crash. They do this to determine what happened at the time of the collision. These experts can prove that the other driver wasn’t paying attention to other cars and the road while they were driving.

Car accident reconstruction doesn’t apply to every case. You’ll also need to hire an experienced person to complete this task. Your lawyer can advise if they believe this is the best course of action for your case.

Nearby Video Camera Footage

There might be video recordings of your car accident. Depending on where your car accident was, some of the places you might find videos include:

  • Cell phone videos
  • Traffic light cameras
  • Police dash cam
  • Security cameras at nearby businesses

Another driver or passenger might have filmed the crash by accident. These videos can be presented as strong evidence that shows the other driver was texting at the time of the accident.

Your car accident attorney can request videos from their owners to see if they include evidence that’ll strengthen your case.

Take the Necessary Steps After a Car Accident

Gathering information about the other driver isn’t the only important thing to do after a car accident. The steps you take are just as essential.

The things you should do immediately following an accident include:

  • Call 911
  • Get medical attention
  • Document everything that happened
  • Call an experienced car accident attorney

You might think that you’re not hurt after a car accident because you don’t have any visible injuries. Seek medical help regardless of how you look or feel. Some injuries take time to appear.

Failing to see a doctor after your crash could show the judge or other parties that your injuries weren’t serious enough. That action might affect the outcome of your case.

Prove the at-fault Driver Was Texting and Driving With an Experienced Attorney

While many drivers think texting and driving are harmless, it causes numerous injuries and deaths every year. There are many ways you can prove the other driver was being negligent at the time of your collision. Working with an experienced car accident lawyer can help you prove your case.

Collect the settlement amount that you deserve. The attorneys at RHINO Lawyers are here to guide you through the process. Get in touch with us today to schedule a consultation.


In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.