It may be challenging to prove that a motorist was using their cell phone at the time of your accident. It may be challenging to obtain a motorist's cell phone records as part of a civil case, though others have done it before. You can speak with your lawyer about the possibility of getting the liable motorist's cell phone records. In many cases, obtaining cell phone records is unnecessary. Your attorney can prove that the motorist was using their phone during (or just before) the accident through: The motorist’s own words: Motorists don’t always deny that they were using a cell phone when they caused an accident. The responsible motorist may have admitted to you, witnesses, law enforcement personnel, or medics that they were on the phone when the accident happened. Your attorney will use any such admissions in your favor. Witness accounts: One or more witnesses may have seen the at-fault motorist on their phone just before your accident happened. The witnesses may record their accounts through a police report and possibly for your attorney as well. Dash camera footage: Some motorists have dash cameras that capture their actions as they drive. If the at-fault driver had an active dash cam and your lawyer can get the footage, it may be helpful in your case. Social media posts: Believe it or not, some motorists live-stream their accidents. If the at-fault motorist recorded a video that showed your accident, you can present that video as evidence in your lawsuit. Even if you can’t prove that the at-fault motorist was on their cell phone at the time of your accident, you can prove that they were at fault for your accident. Being on the cell phone while driving may cause egregious errors, such as rear-ending another driver at a high rate of speed and running red lights and stop signs. Witness accounts, physical evidence, and video footage may show that the other motorist caused your accident. This may make your case and secure compensation.