You may have tried to give the driver who caused the crash plenty of space or even slammed on your brakes to no avail. Although people try to be sneaky about their use of mobile devices while driving, you may have realized they didn’t have their hands on their wheel. You may also have noticed the telltale light coming up from under their chin warning that they have their phone active in their lap.
After the crash, the other driver might try to hide the truth. They could delete messages from their phone or even remove apps to make it seem like they hadn’t used the device prior to the wreck. They might turn their phone off and claim they didn’t have it in the car when police start to ask them questions.
If you tell the police about your suspicions of distraction, how can they prove that mobile phone use led to your crash?
Phone records will tell the truth
Even if someone turns off their phone, hides their phone or deletes specific messages, they cannot alter the data from their phone stored by their mobile phone service provider. Cellphone companies do have to make their records available when they receive subpoenas or warrants for those records. The police or prosecutors could collect those records, and you might be able to ask for them as well if you intend to file a civil suit.
There may be video or photographic evidence
There have never been more cameras capturing what drivers do than there are now. Some intersections have traffic cameras. Many houses and businesses have security cameras that show front porches and driveways.
There might even have been other drivers nearby at the time of the crash who captured footage of the wreck or the moments right before it on dashboard cameras. Civic, business and personal video recordings could provide crucial evidence that someone had their phone in their hands in the moments leading up to a crash.
If the other driver wants to deny their responsibility for the wreck, you may need to track down evidence to support your side of the story. Proving distraction could help you file a successful insurance claim or might give you grounds to file a personal injury lawsuit after a car crash.