If you have been involved in an accident where you believe the accident occurred because the other driver was distracted by text messaging or some other kind of cell phone use, your attorney may be able to subpoena that driver’s cell phone records.
If there is a record of phone activity at the time of a crash, it can usually be used as evidence that a driver was distracted, and therefore negligent, which led to the motor vehicle accident.
Other kinds of distractions, however, can be more difficult to prove. Most people are not prepared to take pictures of other drivers while they are actually distracted, but you may be able to get photographs after a crash of the items that distracted a driver.
This means that you should try to take pictures of possible distractions, such as pets, grooming devices, makeup, books, drinks, food, or any other objects that may have contributed to the driver being distracted, that are still in the car of the other driver. These photos can be used by your attorney as evidence of distracted driving.