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Proving Distracted Driving After an Accident

If you commute by car, we’re sure you’ve encountered your fair share of distracted drivers. You may notice them drifting into another lane on the highway and then rapidly readjusting. You carefully try to get around them and—sure enough—you can see that they’re on their phone. This situation is all too common, and it can have catastrophic consequences. If a distracted driving caused your accident, how can you prove that they were distracted?

Proving Distracted Driving After an Accident

If a distracted driver caused your accident, how can you prove that they were distracted?

Gather Evidence Yourself

If you’re lucky enough not to have sustained serious injuries as a result of your accident, you might be able to gather evidence yourself. It may be obvious that the other driver was using their cell phone, such as if you notice the screen still on in the passenger seat. If you notice this or any other red flags, take pictures that could be used as evidence.

Remember that distracted driving can take many forms. Eating while driving isn’t illegal in every state, but it has caused countless accidents over the years. If you see signs that the other driver may have been in the middle of a meal, take pictures of that, too.

Ask Witnesses

If you could tell that the driver who caused your accident was distracted, then somebody else probably noticed it too. If you’re lucky, someone who witnessed the accident may have stuck around to give you their contact information. Their testimony will be helpful regardless of whether or not they noticed distracted driving; still, you should ask, just in case they did.

If you’re not so lucky, you may want to track down some witnesses yourself. Other drivers may be long gone at this point, but use your other resources. There may be pedestrians gathered on the side of the road, or workers at nearby businesses who saw the accident.

Phone Records

One of the most definitive ways to prove distracted driving is through cell phone records. When filing the police report, a police officer at the scene may have taken a look at the other driver’s cell phone. If they found incriminating evidence suggesting that they were using it at the time of the accident, it may even have been confiscated.

There may be other digital evidence of distracted driving apart from the cell phone itself. In the internet age, you might be able to prove that the offender was actively using their social media pages at the time of the accident. Online activity on these sites tends to be clearly timestamped, making this easy to prove.

Contact The Snyder Law Group Today

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts and settlements. Please visit our website,, for more information and follow us on Facebook, Twitter, and LinkedIn.

Call 410-THE-FIRM. Don’t just sue them. SNYDER THEM.


Call 410-THE-FIRM. Don't just sue them. SNYDER THEM

This entry was posted on Friday, February 12th, 2021 at 7:14 pm. Both comments and pings are currently closed.

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