How Can I Prove An At-Fault Driver Was Texting?

 Posted on January 23, 2024 in Personal Injury

Texting and driving is illegal in Illinois, yet almost 10,000 distracted driving crashes occur each year in the state, with texting being a factor in many of those accidents. Proving that an at-fault driver was texting at the time of a car accident can be challenging, but it is not impossible. If you have been injured in a distracted driving accident, the following are some of the ways an Illinois personal injury lawyer can prove the other driver was engaged in texting when the crash happened.

Police Report and Witness Statements

Even if the crash appears minor, law enforcement should be called to come to the accident scene. The responding officer will be required to file a police report, and that report can be a key piece of evidence in proving liability.

The officer will write their observations about the accident, including potential information about the at-fault driver's behavior leading up to the incident. If witnesses were present, their statements to the officer could be valuable in establishing the driver's distracted state. Eyewitness accounts may include observing the driver holding a phone, texting, or exhibiting other signs of distraction.

If the officer cites the other driver for texting and driving, that citation can also be used as evidence in your car accident case.

Phone Records

Your attorney can subpoena the at-fault driver's phone records to establish their phone activity during the accident. A subpoena is a legal request for the production of documents. Phone records can provide evidence of calls, text messages, and data usage during the relevant period.

Surveillance and Traffic Camera Video Footage

If the accident occurred in an area with business or residential surveillance cameras or where there were traffic cameras, obtaining that footage can play a vital role in your claim. Video evidence may capture the at-fault driver using their phone or displaying signs of distracted driving.

Admissions or Statements by the Other Driver

Sometimes, the at-fault driver may admit to texting or using their phone while driving. This admission can be obtained through statements made at the accident scene, in the police report, or subsequent communications. Any such admissions can serve as powerful evidence.

Social Media or Apps Usage

Your attorney can also check the at-fault driver's social media accounts or relevant apps that may indicate phone usage. Timestamps on posts or messages may align with the time of the accident.

Contact a DuPage County, IL Car Accident Attorney

In many cases, time is essential in obtaining evidence proving the other driver was texting because that evidence, such as video footage or social media posts, could be deleted or discarded. This is why it is crucial to immediately contact a skilled Lombard, IL distracted driving accident lawyer. Call Mevorah & Giglio Law Offices at 630-932-9100 to schedule a free consultation and find out how our law firm can help get you the financial compensation you deserve.