Proving the At-Fault Driver Was Texting

 Posted on June 17, 2024 in Personal Injury

Distracted driving, particularly texting while driving, is a leading cause of accidents. If you have been involved in an accident and suspect the other driver was texting, gathering evidence to support your claim is important. An Illinois lawyer can help you put together your proof properly.

Obtain and Carefully Review the Police Report

The police report is a critical piece of evidence in any accident case. It contains vital information about the accident, including the location, time, date, parties involved, and the responding officer’s observations. When reviewing the police report, pay close attention to any mentions of distracted driving or cell phone use. If the officer noted that the other driver was seen using their phone, this could be valuable evidence in your case. Request a copy of the police report as soon as possible after the accident and review it thoroughly with your attorney.

Identify and Interview Witnesses

Witness statements can be powerful evidence in proving that the other driver was distracted by their phone. If there were witnesses to the accident, contact them as soon as possible to obtain their account of what happened. Ask if they saw the other driver using their phone before the accident or if they noticed any other signs of distracted driving. Be sure to get their full contact information and ask if they would be willing to provide a written statement. Your attorney can help you draft questions to ask witnesses and can assist in conducting interviews.

Subpoena Phone Records and Analyze Data

In Illinois, your lawyer and the police have a right to subpoena the other driver’s phone records if he suspects the other driver was using their phone at the time of the accident. Your attorney can file a subpoena to request the driver’s phone records for the time leading up to and during the accident. Once your attorney has the records and analyzes the data, he can determine if the driver was sending or receiving text messages or using the phone in any other way at the time of the crash. It is helpful to look for time stamps that coincide with the accident time and note any patterns of phone use that indicate distracted driving.

Obtain and Review Surveillance Footage

Surveillance footage from nearby businesses or traffic cameras can provide visual evidence of the other driver using a phone just before the accident. Your attorney can help you identify potential sources of surveillance footage and request copies. When reviewing the footage, look for signs of the driver using their phone or engaging in other distracted driving behaviors. If the footage clearly shows the driver using a phone, this can be compelling evidence in your case.

Reach Out to an Accident Reconstruction Professional

An accident reconstruction professional can provide valuable insights into how the accident occurred and whether the other driver’s actions contributed to the crash. With this type of professional on your side, you can analyze evidence from the accident scene, such as skid marks, vehicle damage, and final resting positions, to reconstruct the events leading up to the collision. If the expert concludes that the other driver’s distracted driving, such as texting, played a role in causing the accident, this can strengthen your case. Your attorney can help you find a qualified accident reconstruction expert and work with them to build a strong case.

Contact a Naperville, IL Personal Injury Lawyer

Trying to prove that the other driver was texting at the time of the accident can be a long process. It is helpful to work with a Bloomingdale, IL personal injury attorney who can guide you through the process and help you gather the necessary evidence. Call Mevorah & Giglio Law Offices at 630-932-9100 to start with a free, no-obligation consultation.