Distracted driving is an increasingly serious concern for everyone on the road. With more people becoming addicted to their phones and the constant communication they allow, the rate of people using phones while driving is increasing.
It is very hard to accurately track this behavior, since many people won't admit to texting and driving. However, studies show that an alarming number of people are using cellphones while in control of motor vehicles.
When you get into a crash caused by another driver, it is natural to want to understand how their actions contributed to the crash. If you have any reason to suspect that distraction played a role, you should immediately take steps to verify this fact.
Express your concerns to law enforcement
Provided that you are conscious and able to wait for law enforcement at the scene of the accident, you should advise them as soon as they arrive that you suspect that texting or mobile phone use may have played a role in the crash. That can help them gather evidence.
Unless the other driver will willingly hand over their phone, law enforcement will likely need to secure a warrant and look at other kinds of evidence. A warrant will allow law enforcement to secure phone records directly from the company that provides mobile service to the other driver.
Even if the driver intentionally deleted messages from the time of the accident, the company's records will show messages that the driver sent and received immediately prior to the crash. It may also show if that person was on social media or navigating websites at the time of the collision.
Cellphone records aren't the only potential source of evidence. Other drivers or pedestrians nearby may have seen the driver looking down at their lap or handling their phone. Nearby traffic and security cameras may also have captured images of that person driving. Distracted drivers often look down into their laps or hold their phones against their steering wheels. This can make them easier to spot in video and photograph surveillance images.
Proof of distraction can help you secure compensation
If law enforcement finds evidence of distracted driving, this can help you secure compensation if you suffered serious injuries or property damage in the crash. If there is clear evidence that negligence on the part of the other driver played a role in the crash, it can help establish grounds for a personal injury lawsuit related to the financial consequences of the collision.
Someone who texts and causes a crash may face other consequences, but a lawsuit will be your best option for holding them accountable for the impact the crash has had on your life.