Distraction has become one of the leading causes of crashes. While you may not be able to prove that someone’s daydream distracted them from driving, if you saw them using their phone immediately before the crash, you may be able to secure evidence of that very dangerous digital distraction.
Proving that someone was on their phone in the moments leading up to a collision that left you with substantial property damages or injuries can be all that you need to do in order to convince the courts of their fault in the crash. There are several ways that you can theoretically prove someone had their hands and eyes on a phone before they caused the collision.
Your attorney or the police can subpoena cellphone records
Although mobile phones contain records of use, people can manually delete certain entries, leading to gaps in the information provided by the device itself. Someone who just sent a Snapchat snap to their friends will likely delete that snap or possibly remove the app itself from their phone before police arrive at the scene of the crash.
You can inform police of your suspicion of the role that the phone played, which may prompt them to request records from the mobile phone carrier. This information won’t wind up altered, even if someone deletes an app from their phone.
If the police don’t take your claim seriously, it may be possible for an attorney representing you in a claim against the person who caused the crash to use a subpoena to request the phone records, provided that there is a credible reason to do so.
Traffic cameras, dashcams and security cameras could help
If you notice that there are traffic cameras near the scene of the crash or businesses nearby, you may be able to request copies of security camera footage or traffic camera footage. The police may also request the footage as evidence during their investigation.
If you or other drivers nearby have dashcams installed and running, it’s possible that there could be
footage of the crash or of the moments leading up to it on those devices as well. That video evidence could prove clearly that the driver of the other vehicle did not have their hands on the wheel when the crash occurred.
Finally, there could be witnesses who saw the person using the phone. Nearby drivers or pedestrians may have seen what happened immediately before, during and right after the crash. Any of these forms of proof could help you convince the police, courts or insurance companies who had the fault for the crash.