The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 660,000 drivers are using their cell phones while driving at any given moment. Because there are so many out there, it’s very likely you could be involved in an accident with a distracted driver at some point. If you can prove the other driver was distracted at the time of the crash, it will be much easier to recover compensation in your case. Here’s how to prove distracted driving after a car accident:

Photos From the Scene of the Accident

If possible, take photographs at the scene of the accident. Pictures from the scene of the crash can not only be used to prove the extent of property damage, but they may also show the other driver was distracted. For instance, if you see an open fast food container on the passenger seat of the other driver’s vehicle, take a photo. This could be used to prove that the driver was distracted by his food at the time of the crash.


Be sure to ask witnesses at the scene of the accident for their contact information so you can get in touch with them later on. It’s possible these witnesses could have seen the other driver talking on a phone, putting on make-up, or engaging in some other type of distracting behavior prior to the crash. Pass their contact information along to your attorney so they can be interviewed before they forget these crucial details.

Surveillance Footage

Many businesses and homes are equipped with outdoor security cameras. Depending on the location of the accident, it’s possible that a nearby business or residence caught the moments leading up to the crash on film. Your attorney can request and review this footage to see if it shows the other driver distracted before the collision. For instance, the footage may show the driver looking down at a cell phone a few moments before the crash occurred.

Cell Phone Records

A personal injury attorney can also obtain the other driver’s cell phone records from the day of the crash. These detailed records could reveal whether or not the phone was being used at the exact time the driver collided into your vehicle.

Distracted driving is negligent driving. If you have been injured by a distracted driver, get in touch with Reisch Law Firm at once. Our personal injury attorneys will work tirelessly to hold the distracted driver accountable for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.