How Can I Prove Another Driver Was Texting When They Hit Me?

Texting while driving is a dangerous practice that distracts a motorist from giving the road their full attention. Unfortunately, unlike drinking and driving there’s no simple test to prove the driver’s guilt. There are other ways to prove the negligent behavior happened, but this evidence can be difficult to obtain on your own.  

A skilled Long Island personal injury attorney can handle subpoenaing evidence and navigating the tricky process of proving another driver was texting while driving. They can collect relevant evidence such as:

  • Dash Cam Footage – It’s not uncommon for drivers to have a windshield-mounted dash cam in today’s age. Even if you don’t have one, another car near the scene may have one that captured the liable motorist using their phone before or during the wreck. If any of these motorists witnessed the wreck or stopped to offer assistance, get their names and contact information to see if any footage exists.

  • Traffic and Surveillance Cameras – In urban areas it’s not uncommon to see traffic and surveillance cameras 

  • Eyewitness Accounts – If the wreck didn’t happen in an isolated area, chances are someone may have witnessed it and actually seen the other driver on their phone just before the wreck. 

  • Cell Phone Records – If a driver’s phone carrier won’t voluntarily divulge phone records, a subpoena may produce evidence the driver was texting or on the phone right before or at the time of the accident.

  • Social Media Posts – Even if the driver wasn’t texting while driving, they may have been creating a social media post. Obtaining screenshots of any time-stamped posts from Facebook, Instagram, or other social media outlets may be valuable to establish negligent behavior.

  • Police Reports – Sometimes a driver will admit they were using their phone before a wreck, which should be contained in the accident report. Even if no direct admission was given, an officer may have reason to believe the driver was distracted and include their suspicions in the report.

Contact a Long Island Personal Injury Attorney

Texting while driving is a dangerous behavior that causes far too many avoidable accidents and can wreak havoc on your personal and financial life in a split second. If the unthinkable happens, speak to the experienced Long Island car accident attorneys at the Falkowitz Law Firm, PLLC to hold a negligent driver responsible for your injuries. Contact us 24/7 at (844)-385-4279 or by completing our online Contact Page to schedule a free, no-obligation consultation. Let our skilled attorneys use our resources and knowledge to answer your questions and put your mind at ease today.

Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.

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