Distracted Driving: What Evidence Can Prove the Other Driver Was Texting?

If you suspect the driver who hit you in a New Haven auto accident was distracted by their phone, proving it can be the critical difference between a denied claim and a successful one. Distracted driving is a form of negligence that shows a blatant disregard for safety.

Here is the hierarchy of evidence used to prove the other driver was texting or using their phone:

1. Direct Witness Testimony

The strongest evidence is a witness who saw the driver looking down at their lap or talking on the phone immediately before or during the crash.

• Your Own Observations: Did you see them? Did they look surprised or panicked after impact, suggesting they weren’t paying attention?
• Other Eyewitnesses: This is why you must get contact information for anyone who stopped. A neutral third party’s statement holds significant weight.

2. Police Report Findings

A police officer’s findings are often given great credence.

• Admission of Fault: Did the other driver admit to the officer they were on the phone? The officer will note this admission in the report.
• Citation Issued: If the officer issued a citation specifically for a distracted driving violation, this is powerful evidence of negligence.

3. Cell Phone Records (The Gold Standard)

In a lawsuit, your attorney can subpoena the other driver’s cell phone records. This is often the definitive proof.

• Timing is Key: The records will show the time and duration of any incoming/outgoing calls, texts, or data usage (like streaming a video or using an app). If a text was sent or received seconds before the crash time, it creates a very strong inference of distraction.
• Privacy Rules: Be aware that attorneys can only obtain this private information through the formal discovery process in a lawsuit, not typically by simply asking.

4. Physical Evidence and Crash Dynamics

• Lack of Braking: If the accident occurred with no skid marks or little attempt to brake before impact (like a high-speed rear-end collision), it strongly suggests the driver was not looking at the road.
• Phone Location: If the driver’s phone was found shattered on the passenger seat or wedged against the console, it corroborates the fact that it was in use or easily accessible at the time of the collision.