Was The Driver Who Hit You Distracted By A Cell Phone? Ways A Car Accident Attorney Can Help Prove It

29 July 2017
 Categories: , Blog


If a driver was distracted on their phone and caused a car accident that left you injured, you may be looking to sue them to recoup money for your medical bills, lost wages and pain and suffering. However, before you can do that, you need to be able to prove that they have some or all of the fault for the car accident. If they admit to using their phone and being distracted, it is easy to prove fault. But if they state they were not on the phone, when you are sure you saw them on the phone, it may feel like your word against yours. Fortunately, that is not the case. A car accident attorney can help you prove whether the other driver was on their cell phone at the time of the car accident that left you injured. Here are a few of the ways they can do this:

A Car Accident Lawyer Can Speak to Witnesses

Following a car accident, it is important that you and/or the police officers on duty obtain contact information for any witnesses who may have seen the crash occur. The contact information can then be given to an auto accident attorney. The attorney can then interview them or depose them to determine what they may or may not have seen when the crash occurred. If they state the other driver was on the phone or playing with the phone, your case becomes stronger. 

An Auto Accident Attorney Can Pull Video From the Area

It is not uncommon for video cameras to capture the moments leading up to a car accident and the actual collision. Many busy intersections now have traffic cameras to help catch and record these accidents. And nearby businesses who have cameras to protect their businesses may catch the accident as well. A car accident attorney can obtain these videos, either simply be asking, submitting a request or issuing a subpoena. This may help to show exactly what the other driver was doing when they collided with you. 

An Auto Accident Lawyer Can Subpoena the Other Driver's Cell Phone Records

Lastly, a car accident lawyer can help to show if the other driver was on their phone at the time of the car accident by subpoenaing their phone records. However, it is important to note that phone records may have limited use. They can often show if another driver is talking on the phone or texting back and forth with another driver. But they may not show if a driver was playing on an app, checking their navigation system or changing the station on a music app. Still, if the attorney can show they were talking or texting, it can help you to win your case. 

If you were injured in a car accident and the other driver was distracted on their phone, call a car accident attorney today. They can help prove the other driver was distracted and should be at fault for the accident, helping you to recoup the money that you may be entitled to after an auto accident.