The Other Driver Was on Their Phone. How Do I Prove It in a Car Accident Case?

Distracted driving has become one of the leading causes of car accidents in Texas. Whether a driver is texting, checking directions, scrolling through social media, or responding to an email, taking their eyes off the road for even a few seconds can have devastating consequences.

If you were involved in a crash and believe the other driver was using their phone, you may be wondering how you can prove it. It’s a fair question as “proof” can feel like tricky territory in an accident that happens in an instant. The good news is that you don't necessarily need a photo of the driver holding their phone at the exact moment of impact. Like most personal injury cases, distracted driving is proven by building a collection of evidence that tells the complete story.

Read on for what you should know if you suspect the other driver was distracted by their phone before your Texas car accident. In short, proving distracted driving isn't necessarily about catching the other driver with a phone in their hand. It's about preserving the right evidence early and building a clear picture of what happened before, during, and after the crash.

Is Texting and Driving Illegal in Texas?

Texas has a statewide ban on texting while driving. Under Texas Transportation Code § 545.4251, drivers may not read, write, or send electronic messages while operating a motor vehicle, except in limited situations such as emergencies or when using certain hands-free functions.

While proving that a driver violated the statute does not automatically establish legal liability for a crash, evidence that the driver was texting or otherwise distracted can be an important factor in demonstrating negligence. When combined with cell phone records, witness testimony, police reports, and other evidence, a violation of the distracted driving law may help support a personal injury claim.

Direct Evidence Isn't the Only Evidence in a Car Accident Claim

Many people assume that unless someone witnessed the driver texting or a video captured it, there's no way to prove distracted driving. On the contrary. Cell phone use is often established through a combination of evidence rather than a single piece of proof. Attorneys and insurance companies may investigate multiple sources of information to determine whether distraction played a role in the collision. The stronger the evidence, the stronger your claim becomes.

Can Cell Phone Records Prove the Driver Was Distracted?

One of the most valuable pieces of evidence in a car accident where phone usage is in question can be the driver's cell phone records. Depending on the circumstances of the case, these records may show:

• Text messages sent or received
• Phone calls placed or answered
• Data usage around the time of the crash
• App activity that corresponds with the accident

These records generally cannot be obtained simply because someone requests them. In many cases, they must be subpoenaed during litigation or otherwise obtained through the legal process.

If phone records show the driver was actively using their device moments before the collision, they may become powerful evidence supporting your claim.

Does the Police Report Prove Distracted Driving?

The responding officer may document observations that suggest distraction contributed to the crash. Depending on the investigation, the police report may include statements from the drivers and witnesses, admissions made at the scene, citations issued for distracted driving or other traffic violations, and the officer's observations about how the collision occurred.

While a police report does not automatically determine liability, it often becomes an important piece of the overall investigation. If the police don’t arrive on the scene, you should still gather as much evidence on your own as you can. Additionally, if there’s an error or omission on the police report, it’s worth calling a Texas car accident attorney right away. Your lawyer will contact the police department and request that they write an amended report that accurately reflects the accident.

Witnesses Can Strengthen Your Case

Independent witnesses frequently play a major role in distracted driving cases as well. A witness may report seeing the driver:

• Looking down immediately before impact
• Holding a phone
• Texting at a stoplight
• Failing to brake before the collision
• Drifting between lanes

Because witnesses generally have no personal stake in the outcome, their observations can carry significant weight. If you're able to gather witness names and contact information at the scene, it can be incredibly valuable later.

Is There Video Evidence of the Crash?

In addition to phone records, police reports, and witness statements, video footage can also offer compelling evidence in a car accident case. Today's roads are filled with cameras. Helpful footage may come from a host of sources including dash cameras, traffic cameras, nearby businesses, residential security cameras, and commercial vehicles equipped with cameras.

Even if the video doesn't clearly show a phone in the driver's hand, it may demonstrate behavior consistent with distraction, such as failing to brake, drifting into another lane, or running a red light. Because many video systems automatically overwrite recordings after a short period, acting quickly is critical.

The Circumstances of the Crash Matter

Sometimes the accident itself provides clues about what happened. For example, certain types of collisions are commonly associated with distracted driving, including rear-end collisions, lane departure crashes, failure-to-yield accidents, running stop signs or red lights, or striking stopped traffic.

While these circumstances alone don't prove phone use, they often become part of the larger picture investigators evaluate.

What Should You Do If You Suspect Distracted Driving?

If you believe the other driver was using their phone, avoid confronting them at the scene. Instead, focus on protecting yourself and preserving evidence. Here are some critical first steps you should take:

1. Call law enforcement
2. Seek medical attention as soon as possible
3. Take photos of the vehicles and accident scene
4. Speak with witnesses and obtain their contact information
5. Save any dashcam footage
6. Contact an experienced Texas personal injury attorney as early as possible

Early investigation often makes the difference in distracted driving cases and other accidents involving phone usage. Cell phone records, surveillance footage, and witness memories can all become harder to obtain as time passes.

Contact Our Team at McKinney Vos After a Distracted Driving Accident

Distracted driving accidents are rarely as simple as one driver admitting they were texting. Building a successful claim requires careful investigation, timely evidence preservation, and a thorough understanding of how negligence is proven.

At McKinney Vos PLLC, we investigate distracted driving crashes early, preserve critical evidence, and help injured Texans pursue the compensation they deserve. If you believe the driver who hit you was using their phone, contact our team today to schedule a free consultation and learn more about your legal options.

FAQs

How do I prove the other driver was on their phone during my accident? Distracted driving is typically proven through a combination of cell phone records, police reports, witness statements, and video footage rather than a single piece of evidence.

Can cell phone records be used as evidence in a car accident case? Yes, but they generally can't be obtained just by requesting them; they usually must be subpoenaed during litigation or obtained through the legal process.

Does a police report prove the other driver was texting? Not automatically, but it can include citations, admissions made at the scene, and officer observations that support a distracted driving claim.

Is texting and driving illegal in Texas? Yes. Texas Transportation Code § 545.4251 bans reading, writing, or sending electronic messages while driving, with limited exceptions.

What should I do if I suspect the other driver was distracted? Call law enforcement, seek medical attention, photograph the scene, get witness contact information, save dashcam footage, and contact a Texas personal injury attorney as soon as possible.

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Jessica McKinney is a Texas personal injury attorney and co-founder of McKinney Vos PLLC, representing injured Texans in Austin and throughout the state.