Unfortunately, even though most drivers are aware of the dangers of texting and driving, some people still choose to check and send messages while behind the wheel. In a split second, a glance at your phone can lead to a catastrophic car accident.
If you were harmed in a car accident and suspect the other driver was texting, it can be difficult to prove fault. Proving the other driver was distracted requires gathering the right evidence to build a strong case.
At Grover Law Firm, we often work with clients who suspect that distracted driving caused their injuries. In this article, we will discuss the types of evidence that can be used to build a solid distracted driving case.
Why Is Texting and Driving So Dangerous?
Texting while driving is one of the most dangerous forms of distracted driving because it involves all three types of distraction:
- Visual: Taking your eyes off the road
- Manual: Taking your hands off the wheel
- Cognitive: Taking your mind off driving
According to the Canadian Automobile Association (CAA), drivers who text are 23 times more likely to be involved in a collision. Even taking your eyes off the road for just 5 seconds at 90km/h means you’re travelling about the length of a football field essentially blind.
Statistics like this are more than just numbers – they represent real lives harmed by the poor choices made by distracted drivers.
Alberta’s Distracted Driving Law
Under Alberta’s Traffic Safety Act, distracted driving is strictly prohibited.
Distracted driving may involve:
- Texting or emailing
- Using a handheld device
- Using electronic devices for navigation, music, or other functions
- Reading printed materials
Fines for distracted driving in Alberta start at $300 and include three demerit points. These penalties are separate from civil liability. If you are injured in a distracted driving accident, you may be entitled to compensation beyond what is handled through insurance or traffic tickets.
Why Proving the Driver Was Texting Matters
Most personal injury cases are based on the concept of negligence. To hold another party legally responsible for your injuries, you must prove that they acted negligently and that their negligence directly caused your accident.
Proving the other driver was texting while driving can:
- Establish negligence: Texting while driving is a clear violation of traffic safety laws. Showing the driver was distracted helps demonstrate a breach in his or her legal duty to drive safely.
- Increase compensation potential: Courts and insurance companies often consider texting while behind the wheel to be reckless behaviour. This can lead to larger settlements or jury rewards, including possible punitive damages.
- Defend against comparative fault: If the other side argues that you were partially responsible for the accident, proving the other driver was texting can reduce or eliminate your share of liability.
The Power of Cell Phone Records in Distracted Driving Cases
Cell phone records can serve as key evidence to prove the at-fault party was texting or using a phone during or immediately before the accident.
These records typically include:
- Timestamps of sent or received text messages
- Call logs (both incoming and outgoing)
- App usage data, such as messaging or social media apps
- GPS location data, placing the phone at the crash site
The driver may try to delete texts or social media posts. However, records from his or her mobile carrier can show exact times of activity.
How to Legally Obtain Cell Phone Records
Your lawyer can request these records during the discovery phase of a personal injury lawsuit. If the driver or the insurance company refuses to release the information voluntarily, your lawyer can file a subpoena to obtain the necessary information from the mobile carrier.
One thing that can be challenging is that courts often require a valid basis for the subpoena. To do this, your lawyer will need to first establish reasonable suspicion that texting was involved in the crash. This can be done by gathering other evidence, such as witness statements.
Expert Analysis of Cell Phone Data
What happens after the cell phone records are successfully obtained? The cell phone records may be examined by digital forensic experts who can pinpoint the exact time of cell phone use.
Additionally, accident reconstruction experts can link phone activity with the moment of the crash.
This combination of data can establish that the driver was actively distracted at the precise time the accident occurred, which is crucial for proving fault and securing compensation.
What Are Potential Challenges to Using Cell Phone Records to Prove Fault?
Cell phone records can be highly effective in distracted driving cases. Unfortunately, they are not always straightforward forms of evidence.
Potential challenges include:
- Privacy concerns: Courts balance the need for evidence with privacy rights
- Shared devices: If the phone is shared, it may be unclear who was using it
- Bluetooth systems: Hands-free usage may complicate claims of distraction
Despite these hurdles, skilled personal injury lawyers know how to present this evidence effectively to judges and juries.
Additional Forms of Evidence Used to Prove the Other Driver Was Texting
While cell phone records can be valuable evidence, proving that texting and driving was the cause of your accident often involves gathering various types of evidence.
Witness testimony
Eyewitnesses, especially neutral third parties, can play an important role in confirming that the other driver was texting.
Their observations may include:
- Seeing the other driver looking down at a device
- Noticing erratic behaviour (swerving or a delayed reaction at a light)
- Hearing the other driver admit to texting while driving
The sooner your legal team can identify and interview witnesses, the more accurate and credible their memories are likely to be.
Surveillance and dashcam footage
Surveillance footage from nearby businesses, intersections, or private residences may capture the moments before the crash. It can show:
- The driver is looking down at a phone
- A lack of braking or evasive maneuvers
- Erratic or delayed responses
Dashcam footage from your vehicle or another motorist’s vehicle can be even more powerful, offering real-time footage of the other driver’s erratic behaviour.
A skilled distracted driving lawyer can act quickly to preserve footage before it’s erased. Some systems only retain data for a few days or weeks.
Police report
Police who respond to the scene of the car accident will file a collision report.
Police reports may include:
- Driver statements
- Witness statements
- Officer observations
- Citations issued for distracted driving
It is important to obtain a copy of the police report and any associated tickets. If the driver was issued a ticket for distracted driving, this would significantly strengthen your case.
Accident reconstruction
Accident reconstruction can be used as a powerful tool to prove distracted driving. An accident reconstructionist analyzes physical evidence to determine how the crash occurred and whether distraction may have played a role.
Elements used to prove distracted driving may include:
- Skid marks or lack thereof: A lack of braking may indicate that the driver wasn’t paying attention
- Vehicle speed and position: These can show whether the driver was in control or reacted appropriately
- Point of impact and road conditions: This helps demonstrate how the crash unfolded
Accident reconstructionists often use 3D modelling, on-site measurements, and software to present a compelling visual narrative to the court.
Vehicle data
Newer vehicles often have Event Data Recorders (EDRs), which are comparable to black boxes in airplanes. These devices can provide valuable insight into a driver’s behaviour seconds before an accident.
Data points include:
- Speed and acceleration patterns
- Steering input
- Braking activity
- Seatbelt usage
- Airbag deployment times
In distracted driving cases, this information may show that the driver failed to brake or steer to avoid the collision. This suggests possible inattention caused by texting.
Social media activity
Some drivers are unaware that their social media activity can be tracked and used in court. Posting on Instagram, Snapchat, Facebook, or even liking posts just before a car accident can be incriminating.
Digital footprints may include:
- Time-stamped posts, comments, or shares
- Live streams or stories
- GPS-tagged content showing the driver’s location
In most courts in Calgary, social media content is admissible evidence when relevant and authenticated properly. It can be used to contradict testimony or demonstrate that the driver was not focused on the road.
What to Do If You Suspect the Other Driver Was Texting
If you’re in a car accident and suspect the other driver was texting:
- Call 911. Ensure police document the crash.
- Document the scene. Take photos of the vehicles, road, and any devices in the other driver’s possession.
- Speak with witnesses. Ask for contact information in case they observed distracted driving.
- Seek medical attention. Even minor injuries should be assessed.
- Contact a distracted driving attorney. The sooner you get legal advice, the better chance you have of preserving critical evidence.
Why Hire a Distracted Driving Lawyer
Distracted driving claims often involve a high burden of proof. Insurance companies may deny liability, downplay your injuries, or argue that the accident was unavoidable.
A skilled personal injury attorney with experience in distracted driving cases can offer the following advantages:
- Access to evidence and witnesses: An experienced lawyer can quickly file subpoenas for phone records, preserve dash cam footage, and work with accident reconstructionists to build a compelling case.
- Proven negotiation tactics: Insurance companies are often reluctant to pay fair settlements. A skillful attorney can negotiate aggressively on your behalf to ensure all damages are fully compensated. This can include money for medical expenses, lost wages, pain and suffering, and more.
- Courtroom representation: If your distracted driving case goes to trial, your attorney will present evidence and question witnesses in court. He or she will make the legal arguments necessary to prove that the other driver’s negligence caused your injuries.
- Local knowledge: A Calgary personal injury attorney will understand Alberta’s traffic laws, civil procedure, and local court systems. This local insight can be essential in achieving a favourable outcome.
Injured in a Distracted Driving Accident? Contact Our Law Firm Today
Distracted driving, especially sending a text message while behind the wheel, is a serious violation of the law that puts lives at risk.
Have you or a loved one sustained serious injuries in an accident caused by a distracted driver? If so, a skilled personal injury attorney can help you gather evidence and establish fault.
At Grover Law Firm, we’re committed to standing up for accident victims and ensuring that negligent drivers are held accountable. Contact us today to schedule a free consultation. Your financial recovery begins with the right legal support.