How to Prove Someone Was Texting and Driving

Have you seen someone texting and driving? It’s so aggravating. They drift in and out of their lane, swerving around because their attention is on their device, not the road.

Imagine how angry you’d be if this person hit and injured you. Not only did they break the law, but they also disrupted your life, made you deal with life-changing injuries, and left you with huge medical bills.

You can take action after a distracted driver hurts you by proving that they were texting and driving, then making a case for compensation. Here are 10 things you can do to build your case.

#1: Search the Scene for Evidence

After the accident, when you are stabilized by medical personnel, look around at the evidence from the accident scene. Take note of the road name, intersection signs, any pieces of vehicles that are laying around, skid marks, nearby businesses, the weather, and anything else that seems significant.

#2: Take Photos and Videos

Start taking photos and videos of everything you can find related to the crash. A photo of the other vehicle’s interior could be very helpful – especially if it shows a cell phone, iPad, pets, food, drinks, makeup, or other things that indicate distracted driving.

#3: Gather Witness Contact Info

If there are witnesses, get their contact information and a brief statement if possible. The police won’t necessarily interview all witnesses and someone might be willing to say something to you that they wouldn’t tell a police officer.

#4: Get a Copy of the Police Report

Work with the police department to get a copy of the police report. This will be a key piece of evidence to show what happened in the accident because it confirms important details from the neutral point of view of a police officer.

#5: Don’t Worry About Getting a Confession

The other driver probably won’t confess to you or the police that they were texting and driving. But don’t worry about it! You don’t need their admission of fault to make a successful case because you can let the facts speak for themselves.

#6: Avoid Making Statements

Don’t get into a long discussion about the accident with the other driver or anyone else and don’t give a recorded statement to the insurance company. To protect yourself and your case, speak to your lawyer before sharing too many details about what happened.

#7: Start an Investigation With Your Lawyer

Work with your California car accident attorney to launch an investigation into the accident that reveals even more details that back up your case. A talented personal injury lawyer knows how to dig up powerful evidence that you might not have even realized exists.

#8: Look at Evidence on Social Media

Take a look at the other person’s social media accounts to see what they were doing in the time leading up to the accident. Were they tweeting? Sharing photos on Instagram? Posting about being in a hurry to get somewhere? You might be able to work with your attorney to request private or deleted records from social media companies. 

And remember, be careful what you post on your social media accounts. Don’t talk about the accident or it could hurt your case.

#9: Subpoena Cell Phone Records

Speak with your attorney about using a court order, or subpoena, to request the other person’s cell phone records from their phone provider. This can show a history of texting and driving. Although phone information isn’t open to the general public, the courts sometimes issue subpoenas for legal cases.

#10: Build a Mountain of Evidence

Here’s the bottom line: You need to build a mountain of evidence that absolutely buries the other side in proof of what happened. When they see this overwhelming evidence – and when their insurance company sees it – you’re much more likely to receive fast, fair, and full compensation.

We’re Here to Help You Prove Texting and Driving

At Sally Morin Personal Injury Lawyers, we’re experts at locating evidence in distracted driving cases. We also have deep compassion for the injured victims of people who text and drive. You can put us to work on your case and we’ll start digging!

Maybe an eyewitness was watching from a nearby business. There could be road camera footage available from the California Highway Patrol. In previous cases, we’ve even found valuable evidence from Uber drivers using dashcams while transporting their passengers.

We can help you locate witnesses, arrange expert testimony, request cell phone records, scan social media posts, and much more. There’s almost always a way to track down additional evidence to support your case.

Distracted drivers are making California’s roads more dangerous for everyone, including you! Let’s hold the person who hurt you accountable for what they did and secure the high-value compensation you deserve.

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After a texting and driving accident, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many types of traffic injury claims, including distracted driving cases. We believe you should be able to focus on recovering from your accident while we handle the legal details. We truly care about the people of California. Contact us today for a free online case evaluation.


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If you’re someone who is considering an attorney for a personal accident, I highly recommend Sally Morin and her professional staff of attorneys. If you would like to know more details, feel free to contact me via Yelp and I would be happy to share more details. While I use Yelp quite often, I rarely post reviews… unless I’m truly blown away by great service (or angry with horrible service). If there were a sixth star, I would certainly give it to Rebecca and Sally!

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We Handle Your Personal Injury Accident Claim So You Can Focus on Your Life

After an accident, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many types of traffic injury claims. We believe you should be able to focus on recovering from your accident while we handle the legal details.

We truly care about the people of California. Contact us today for a
free online case evaluation.


It is essential to know your rights after a traffic accident so you can protect yourself and the value of your claim.
This guide will help you:

  • 1Know what to do when dealing with insurance claims, police reports and lawyers.
  • 2Avoid making mistakes that undermine the value of your claim
  • 3Put yourself in a position to get the best settlement possible