5 Ways to Prove Distracted Driving in an Auto Accident Case

by The Roth Firm

Distracted Driving Car Accidents occur on a regular basis throughout the state of Georgia, leaving thousands of people with severe or life-threatening injuries. 

When you get behind the wheel of a vehicle, you need to do more than just show up, you have to pay attention throughout the entirety of your trip. 

Being distracted while driving will dramatically interfere with a person's ability to concentrate on the road, and not surprisingly, when a person is distracted, they increase their chances of causing an accident or being unable to avoid an accident. 

When you are involved in a Car Accident and believe it was caused by distracted driving, when it comes to suing the other driver for the damages and injuries that you suffered, you may need to provide evidence that the driver was distracted and therefore responsible for the accident occurring. 

Below are several Ways to Prove Distracted Driving

Police Report 

In order to prove distracted driving, having a police report that states the other driver's fault and negligence will be a huge help when filing a lawsuit. 

As long as the police report is completed soon after the accident occurred and includes details of the circumstances of the accident, you may be able to use it as proof of the other driver's fault and negligence. 

Also, if the police officer witnessed the other driver engaging in the distracted behavior, they may be able to testify on your behalf. 

Cell Phone Records 

If you believe your accident was caused because the other driver was using their cell phone, you can petition to have their text message records used in court to prove they were using their phone at the time the accident occurred. 

You will need the help of a Car Accident Attorney to subpoena the cell phone records of the negligent driver. 

Video Footage

It is possible to catch distracted drivers on police dash cameras, cell phones, surveillance cameras at intersections, or by other drivers. 

These videos can be obtained by your attorney and presented as evidence to prove distracted driving. Your attorney may need to contact the owner of the camera and request the footage to see if it contains the evidence necessary to prove distracted driving. 


Witnesses can include anyone who observed the accident take place, whether it be a pedestrian or a driver of another vehicle.

If you notice a witness to the accident, it is important to get them to stay and provide a detailed description of what occurred to the police officer. 

Witnesses may even need to be subpoenaed to testify about the distracted driving behaviors that they saw when the accident occurred. At the very least, the testimony they provided to the police officer may be used to your benefit. 

Accident Reconstruction 

In some cases, an accident reconstruction expert will be used to figure out how exactly the accident occurred.

With their reconstruction, it will show the court that the only explanation for the crash was the driver not paying attention to the road. 

This approach is only performed by experts that are trained in the field of traffic accident reconstruction and is not always used in every case. 

What Constitutes Distracted Driving? 

When a driver engages in any behavior that takes his mind off of the road, it constitutes as distracted driving.

For example:

  • Talking on the phone
  • Adjusting the radio 
  • Using a navigation system 
  • Texting
  • Putting on Makeup
  • Eating
  • Drinking 
  • Talking with passengers in the front or back seat of the vehicle
  • Reading 
  • Taking photos or videos
  • Checking email
  • Using apps

What to do if you are Hit by a Distracted Driver 

If you were involved in a Motor Vehicle Accident, and believe it was caused by a Distracted Driver, you will need to contact an experienced Personal Injury Attorney to fight for your legal rights to compensation. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Written by:

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