Many motorists can quickly spot others who are not in compliance with traffic statutes banning texting while driving. They may notice someone staring down in their lap or the blue light of a screen in an otherwise dark vehicle.
Motorists often try to give those who appear distracted as much space as possible. However, distracted drivers can be unpredictable and dangerous in traffic. After a crash occurs, a driver might admit to the other party involved that they made a mistake. Their story may change once a police officer arrives. In some cases, they may deny responsibility from the moment they exit their vehicle.
Distracted drivers trying to avoid consequences might delete recent text messages, uninstall phone apps or even hide their devices. They may then misrepresent the situation when a police officer comes to put together a crash report. How can people prove that another driver used their phone at the wheel?
The police can secure phone records
Deleting apps or text history does very little to hide the truth from law enforcement professionals. If they suspect misconduct, they can request records directly from the mobile device’s service provider or the companies operating specific apps.
Those records can affirm the allegations of digital distraction. In some cases where police officers do not pursue those records, an attorney representing a plaintiff seeking personal injury compensation may be able to request those records.
Witnesses and cameras can help
When there are only two people present at the scene of a crash, police officers have to weigh statements made by each driver and try to determine who told the truth. Other motorists or people on the street may have seen telltale signs of distraction and could corroborate the claims of the party who was not at fault for the wreck.
Even if there were no people who noticed anything, there could be video footage available. There are traffic cameras at many intersections. Drivers sometimes have dashboard cameras in their vehicles. There might even be security cameras at nearby businesses or residences that capture footage of approaching vehicles. The evidence obtained through witnesses or cameras can help prove that someone didn’t have their attention focused on the road before a crash occurred.
Establishing who is at fault for a motor vehicle collision is the first step when people want to pursue compensation after that wreck. Drivers who can prove that another motorist violated distracted driving laws may have reason to pursue an insurance claim or possibly even a lawsuit.