Distraction is one of the top causes of modern motor vehicle crashes. Just like with drunk driving, many people understand that distracted driving is dangerous but believe that they are somehow capable of doing it safely.
When a distracted driver crashes into your vehicle, you will obviously want to hold them accountable for the wreck. In some cases, an honorable and honest person might openly admit both to you and the police that distraction was why they caused the crash.
How can you prove they had their phone in their hands if they try to deny their behavior?
You may be able to request phone records
A large insurance claim or a personal injury claim against another driver could be legal grounds for you to request cell phone records from the service provider. Police officers investigating the crash could also potentially request the records to determine if your allegations of distraction are accurate.
Even if someone deletes messages or apps from their phone, the records from the phone company can conclusively show that they had their phone in their hands at the time of the crash.
There might be camera footage that can help
Often, when you are out on the road, your driving will wind up recorded by someone else.
Home or business security cameras may show the end of the driveway or part of a street. There are traffic cameras that could capture incriminating evidence. Even dashboard cameras owned by other nearby drivers or phone cameras in use nearby at the time of the crash could provide conclusive video evidence that the other driver chose to use their phone at the wheel.
Holding another driver responsible for distracted driving could help you cover your costs after a significant car crash.