How to Prove a Driver Was Texting Behind the Wheel
New York prohibits the use of hand-held mobile devices while behind the wheel. Unfortunately, the potential penalties for violating this law—traffic tickets, fines, surcharges, and DMV points—aren’t enough to deter all motorists from texting and driving. They are, however, enough to keep some individuals from admitting their transgression and accepting fault in the event of a collision.
That means if you were struck by a distracted driver, your attorney will likely need to perform a thorough investigation to compile evidence of negligence and liability. Examples of this evidence include:
1. The Official Police Report
Even if the at-fault driver didn’t admit to texting and driving, responding officers may have assumed as much and included their suspicions in their report. This document might contain other details that help prove liability, as well, such as statements from eyewitnesses.
2. Eyewitness Deposition
If you were struck in a fairly congested area, nearby motorists, passengers, and/or pedestrians may have witnessed the at-fault driver using a mobile device in the seconds leading up to the crash. The liable party’s passengers—if there were any—may also be able to provide deposition that corroborates your claim.
3. Cell Phone Records
The at-fault motorist’s cell phone records will probably be the strongest evidence of negligence. It’s unlikely, however, that the driver or his or her carrier will relinquish them voluntarily. Your attorney can apply legal pressure to obtain these records. This may involve filing a subpoena for their release.
4. Social Media Posts
Nearly 4 out of 5 Americans have at least one social media profile. As such, there’s a good chance the distracted driver wasn’t actually texting behind the wheel but was instead interacting with friends or followers online. Should this be the case, there may be timestamped posts or messages proving as much.
5. Video Footage
Because of advancements in technology that have made dash cams incredibly affordable, these devices are fairly ubiquitous. That means even if your vehicle doesn’t have one, the crash may have been captured by another dash cam in the vicinity. After identifying other motorists who were near the scene, your legal team can contact them to see if they happen to have footage of the accident.
Surveillance cameras in the area may have also captured the collision—or the driver using a mobile device leading up to it. Because many business establishments, housing complexes, and schools are equipped with surveillance systems, your lawyer will follow up with all relevant parties to obtain any footage that could prove valuable.
Call 716-855-3761 to Speak with a Car Accident Attorney in New York
If you or someone you love was struck by a distracted driver, contact LoTempio P.C. Law Group to discuss your case. Our team has more than 200 years of combined experience practicing law.
Let us use all the resources at our disposal to help you obtain critical evidence that will strengthen your claim. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a car accident lawyer in New York.