How to Prove a Motorist Was Texting and Driving

If you get hurt in a drunk driving accident, you can use the results of any chemical tests that police conduct to build a case against the impaired motorist. But what if the at-fault driver was texting? How do you prove texting and driving?

Building a strong claim against a motorist who was texting while behind the wheel poses certain challenges. For example, even if the plaintiff saw the defendant using a phone prior to the crash, it will simply be his or her word against the driver’s.

Unfortunately, this is a challenge that thousands of accident victims around the country face annually. According to the Centers for Disease Control and Prevention, more than 1,000 people are hurt in collisions involving a distracted driver every single day.

If you or someone you love happens to be one of them, turn to Gump & Faiella. Our personal injury lawyers have more than 90 years of combined experience practicing law.

Let us handle the logistics of your claim so you can focus on recovering. We represent clients in Moberly, Columbia, and all of Missouri. Call 800-264-3455 to schedule a free case evaluation with a strategic car accident attorney on our team.

Let’s examine the kinds of evidence that can help you prove a motorist was texting and driving:

  1. Eyewitness Testimony 

If any pedestrians, cyclists, or nearby motorists saw the defendant using a handheld mobile device prior to the crash, they can state as much when testifying. Although eyewitness testimony is not the most reliable kind of evidence, it can certainly corroborate your own version of events, which will serve to strengthen your claim. 

  1. Police Reports 

When officers respond to accident scenes, they question all those who were involved. If the liable motorist admits to texting and driving at any point, it will be included in the official police report. 

  1. Video Footage 

If the wreck happened in a fairly developed area, surveillance cameras in the vicinity may have captured it. And if they did, it may be possible to see the defendant texting seconds before the collision. High-quality dash cam footage may also contain evidence of texting and driving.

  1. Cell Phone Records 

In a lot of texting and driving cases, the most damning piece of evidence will be the motorist’s cell phone records. These records will show the precise time at which all incoming and outgoing text messages were received or sent. If any of the outgoing messages were sent when the motorist should have been focusing on the road, it can be clear proof of texting and driving.

    5. Cell Phone Download

When law enforcement has probable cause to believe a crime has been committed, it can lawfully seize a cell phone as evidence. Law enforcement can then download the phone which will show whether the phone was in use, and what applications where being used at the time. A law firm can also sometime obtain these downloads and use the evidence to prove that the at fault driver was using one or more applications on their phone.

Discuss Your Case with a Car Accident Lawyer in Missouri 

If you were hurt in a wreck with a distracted driver, contact Gump & Faiella. We have the resources to gather the evidence needed to prove liability and damages. We can even file subpoenas for documents like cell phone records. Call 800-264-3455 or fill out our Contact Form to schedule a free consultation with one of our Missouri car accident attorneys.

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