Road accidents happen regularly, and many of them are caused by vehicle malfunctions and distracted driving. As the name suggests, distracted driving implies that the driver was involved in another activity while driving. This other activity must have been enough to divide their attention sufficiently to affect their driving.
Operating a phone or receiving a call while driving are among the major causes of distraction. People have been reminded countless times of the need to park properly before using their phones. However, the number of cases of car crashes that have a texting driver involved has remained pretty much the same. These accidents cause damage ranging from simple scratches on the car surface to serious injuries.
As a victim of a car crash, you might want to look into the situation to find out who was responsible for the accident. Proving that the other person’s distracted driving caused the accident can help you obtain payment for damages.
How to Prove That the Other Driver Was Texting
While some of the methods provide express proof of texting, others prove that the other driver was certainly distracted while driving. These methods include:
- Live video footage or security feed
- Phone Records
- First-hand Witness Testimony
- Valid Officer’s Testimony
- The Offending Driver’s Testimony
- Accident Simulation
The most readily available and undeniable evidence will be the security feed, as the offender would have been caught in the act on camera. Going through the offender’s phone records (calls and texts) will reveal if they were on their phone at the exact time or thereabout when the accident occurred. If you had a passenger who witnessed the crash or some other driver was also affected, they could testify to the offending driver’s level of focus at that time.
Pedestrians who witnessed the accident can also testify. The officers who were at the accident site could also testify based on what they saw or reports taken from witnesses at the scene. In some cases, the offending driver will themselves plead guilty. However, this is very rare.
Accident simulation is a process that recreates the accident scene to look for clues as to why it happened. This might not provide information about the driver’s texting, but it would surely reveal that they were distracted when the incident took place.
Distracted driving has caused many losses and does not have to be condoned until a life is lost. Texting while driving is a direct invitation to an accident, and it should not be tolerated. If you have the slightest feeling that the other driver had been texting while driving, you should take steps to prove it and save possible future victims.