If you are convinced that another motorist crashed into you due to distracted driving but there were no witness, how would you prove it? You shouldn't let it be your word against the other motorist's word; it's difficult to prevail that way. Here are five sources of proof for distraction behind the wheel:
Cellphone Records
If the defendant was distracted by the phone, then phone records may show that they were using the phone while driving. For example, the records might show that the defendant:
- Was on a call at the time of the accident.
- Sent a text at the time of the accident.
- Was using a social media application.
- Sent an email at the time of the accident.
It's highly unlikely that the defendant will release their phone records voluntarily. In that case, you need to subpoena them to release the records.
Videos and Photographs of the Driver's Distraction
If you are lucky, you may also find evidence in the form of videos or photographs from:
- Dashboard cameras of other road users.
- Passengers in your car or other cars.
- Surveillance cameras of nearby businesses.
This is a good reason why you should get contacts from potential witnesses immediately after a car accident. If you don't, you may never know whose camera captured a clear shot of the defendant driving while talking on their phone.
Photographs of the Driver's Non-Driving Activity
An advantage of taking photographs of an accident scene is that you can use the pictures to show non-driving activities that the driver might have engaged in just before the accident. Such post-accident photographs might not be as definitive as pre-accident pictures, but they are better than nothing. For example, you can take photographs of:
- An open makeup kit to show that the driver might have been putting on makeup just before the accident.
- A glowing cigarette to show that the driver lit and smoked a cigarette while driving.
- A pet on the front seat; pets that are free to roam can distract drivers, for example, by jumping onto their laps.
- Half-eaten food to show that the driver might have been eating while driving.
Hopefully, the above things will help you prove that the defendant's distraction contributed to the accident. With the help of your attorney, you can also use other forms of indirect evidence to prove your case. For example, accident reconstruction can help you link the suspected distraction to the accident.
