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If another driver injured you in an accident because he was texting, you deserve compensation for your injuries and any property damage that resulted. However, proving your accident was caused by texting and driving is often more difficult than it should be. In almost every case, the other driver is going to deny it. 

So how can you prove the other driver was reading or sending a text? The first step is hiring a good personal injury lawyer who will go to work gathering evidence and building your case.

How can I prove texting and driving caused my accident?

When the police show up and start asking questions, the other driver is almost never going to say, “I was texting when the accident happened.” The more likely scenario is that the driver actively denies it. Thus, it is imperative to gather as much evidence as possible that shows texting and driving caused the accident. A skilled personal injury lawyer can do this on your behalf.

Note: Even if you believe the driver was texting at the time of your accident, it is not a good idea to throw out an accusation without proof. When officers interview you, do not state that you believe the driver was texting. Allow the officers to investigate first.

Any evidence that points to the other driver texting is good evidence, and the more of it the better. The most likely sources of evidence are as follows:

Cell Phone Records

One of the first things your lawyer should do is subpoena the other driver’s cell phone records. The information contained in them can be vital to your case. For instance, most cell phone companies timestamp when every text was sent and received. They can show if the other driver was sending or reading a text in the seconds before the crash.

Witness Statements

Your lawyer can also identify witnesses to the crash and interview them. Taken by itself, a witness statement that the driver appeared to have a phone in his hand just before the crash might not be enough. But combined with cell phone records that point to the same thing, it can be powerful and perhaps even win your case.

Video Evidence

It is possible that video footage of your accident exists. The more populated the area of the crash, the more likely that a business’s surveillance camera or a bystander’s smartphone captured the accident. If such evidence exists, a good lawyer can find it. If it shows the other driver texting or looking at his phone, the driver will find it difficult to maintain his story.

You do not need to gather this evidence on your own. A lawyer can gather all necessary evidence and use it to build a strong case on your behalf.