Introduction
Distracted driving causes over 3,000 deaths and 400,000 injuries annually in the United States. Cell phone use while driving is a leading cause of these crashes, with texting being particularly dangerous because it combines visual, manual, and cognitive distraction. If you've been injured by a distracted driver, proving their phone use can significantly strengthen your claim and may support punitive damages.
This comprehensive guide covers how to prove cell phone use, obtaining phone records and data, negligence per se when phone laws are violated, and pursuing enhanced damages against distracted drivers.
Distracted driving is negligence that creates clear liability. We'll help you prove the other driver was on their phone and recover full compensation.
Proving Cell Phone Use
Cell phone records can prove the driver was using their phone at the time of the crash. Call logs show active calls, text message timestamps show texting activity, and data usage logs show app use. Your attorney can subpoena these records in litigation.
Witness testimony often establishes phone use. Other drivers, passengers, and pedestrians may have seen the driver looking at or holding their phone before the crash. Get contact information from anyone who observed the driver.
The driver's own phone may contain evidence including app usage data, GPS data showing the vehicle was moving while apps were active, and timestamps correlating to the accident time.
Some vehicles' infotainment systems log phone connections and activity. If the at-fault driver's vehicle has this technology, it may record when their phone was actively connected and in use.
Social media posts timestamped near the accident time can prove the driver was using their phone while driving. Check the driver's public social media for posts, check-ins, or photo uploads around the crash time.
Negligence Per Se
Negligence per se is a legal doctrine that establishes automatic negligence when a driver violates a statute designed to protect safety. Most states have laws prohibiting texting while driving, and violations of these laws establish negligence without additional proof.
If the at-fault driver was texting in violation of state law, you don't need to prove they were acting unreasonably - the law violation itself proves negligence. You only need to prove the violation occurred and caused your injuries.
Some states have broader distracted driving laws that prohibit all handheld phone use. Check your state's specific laws to determine what violations apply to your case.
Citations for phone use at the accident scene provide evidence of the violation, though drivers are often not cited because phone use is difficult for officers to prove after the fact.
Types of Distraction
Cell phone use involves three types of distraction simultaneously. Visual distraction takes eyes off the road, manual distraction takes hands off the wheel, and cognitive distraction takes mental attention away from driving. Texting combines all three, making it extremely dangerous.
Even hands-free phone use causes cognitive distraction that impairs driving. Studies show that drivers on phone calls miss hazards and react more slowly, similar to intoxicated drivers.
Other distractions like eating, grooming, or adjusting navigation can also cause accidents and create liability, though cell phone use is the most common and well-documented form of distraction.
Enhanced Damages for Distracted Driving
Punitive damages may be available when the driver's conduct shows reckless disregard for safety. Choosing to text while driving, knowing the dangers, can support punitive damages beyond compensation for your actual losses.
Punitive damages punish particularly egregious conduct and deter others from similar behavior. Distracted driving cases are increasingly resulting in significant punitive awards as awareness of the dangers grows.
Insurance typically doesn't cover punitive damages, meaning the at-fault driver may be personally responsible for paying them. This creates powerful motivation for insurance companies to settle before trial.
Even without punitive damages, proving distraction strengthens your compensatory claim by eliminating any dispute about fault and demonstrating the severity of the driver's negligence.
Building Your Case
Immediately after the accident, note whether the other driver was holding a phone or had one visible. If possible, photograph their phone location in the vehicle.
Ask witnesses specifically if they saw the driver looking at or using a phone before the crash. Many witnesses observe phone use but don't mention it unless asked.
Your attorney can subpoena cell phone records in litigation to prove exact timing of calls, texts, and data usage. These records may not be available without legal process, so don't wait to involve an attorney.
Request that your attorney send a preservation letter to the phone carrier and the driver preventing destruction of records. Some records are only retained for limited periods.
Police reports may note phone use if the officer observed evidence or the driver admitted to it. Review the report carefully for any mention of distraction.
Frequently Asked Questions
Conclusion and Next Steps
Distracted drivers who cause accidents bear clear liability for their negligence. Proving phone use eliminates fault disputes and may support punitive damages. This evidence significantly increases the value of your claim.
The most important steps you can take right now are: note if the other driver had a phone visible after the crash, ask witnesses about phone use, photograph the driver and their vehicle interior if safe to do so, and consult an attorney who can subpoena phone records.
If you've been injured by a distracted driver, contact a qualified car accident attorney for a free case evaluation. An experienced attorney can obtain phone records and prove the driver was texting or using their phone, strengthening your claim and potentially supporting punitive damages.