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How Do You Prove That The At-Fault Driver Was Texting While Driving?

In order for you to recover financially from a distracted driving accident, your personal injury attorney must prove that the driver acted negligently. Here are the different ways possible to prove a driver was engaging in a type of distracted driving:

  • The driver admits it: This rarely happens, as drivers are not advised by their lawyer to admit fault immediately after an accident. 
  • Witness testimony: In some cases, bystanders or other drivers will provide police with a statement of what they saw. If another driver noticed the causing driver using their cell phone or engaging in another type of distracted driving behavior, this would greatly help your case. 
  • Cell phone records: Text and call records can be used as evidence that the driver was using their cell phone when the accident occurred. Some people have attempted to forge or withhold cell phone records because it proves they were at fault.
  • Video evidence: Cameras are everywhere, including street signs, traffic signals, police dashboards, etc. If video evidence shows that the driver was distracted, it could prove negligence in your case.


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Photo Credit: Mischelle Davis

Chris Davis
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Chris Davis is the founder of Davis Law Group, P.S. in Seattle, WA.