People text and drive all the time, even though it is highly dangerous and leads to serious car accidents. As a form of distracted driving, it takes the driver’s eyes, hands, ears, and concentration away from the road all at once, which is even worse than talking on the phone behind the wheel. Proving that another driver was doing it when they hit you can be challenging but possible with legal representation.nUnless the at-fault driver admits to texting and driving, you will probably need to look at options for gathering evidence. There are a few elements that must be proven in a personal injury lawsuit:nDuty of care: Every driver owes a legal duty of care to the other people who share the road. In other words, they must adhere to all of the laws, like speed limits, traffic lights, and not texting and driving.nBreach of duty: The second part is proving a breach of duty. You and your lawyer will have to show the at-fault driver was negligent and they breached their duty of care by texting behind the wheel.