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Is it possible to prove someone texted while driving?

On Behalf of | Jan 5, 2023 | Auto Accident Injuries

It is against the law to hold the phone in your hands and type out a text or read incoming messages while driving in Oklahoma. Obviously, it is also very unsafe to do so, as you cannot control a vehicle or monitor your surroundings when a phone is your primary focus.

You may have seen the blue light of a phone in someone’s vehicle or witnessed them driving with one hand on the wheel immediately before they caused a car crash. However, either when you confronted them after the collision or you told police officers that they had texted while driving, they tried to deny their behavior and blame you for the crash instead.

Is it possible to prove that someone texted at the wheel?

Police can potentially secure phone records

When police officers have reason to believe that someone broke the law and caused a collision, they may have grounds to obtain phone records from service providers or the companies that design and support phone apps.

If data records show that someone used their phone in the moments immediately prior to the collision, that may be all the evidence you need of them driving while distracted.

There could be video footage

Maybe the police don’t take your case seriously enough, or perhaps someone has a second phone that they did not disclose to the police during the investigation. There are many reasons why you may not have phone records corroborating your claims of distracted driving.

Thankfully, there could very well be video footage showing the moments before the crash or the collision itself. There could be traffic camera footage of the intersection where the wreck occurred or footage from a nearby intersection that shows the driver who hit you was on their phone just moments before the crash.

People may have also pulled out their phones when they saw the crash occurring and may have footage of someone exiting the vehicle with their device still in their hand. There might be witnesses who may have seen something that could help you prove your claim that the other driver didn’t have their focus on the road the way they should have.

Finding evidence that supports your claims about the other driver’s behavior will make it easier for you to get the compensation you require after a motor vehicle collision.


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