Proving the Other Driver Was Distracted or Texting in a Car Accident

Every driver knows they shouldn’t text or scroll while behind the wheel, but that doesn’t stop people from doing it. A single glance at a phone can turn a routine drive into a life-changing car crash. Distracted driving isn’t just careless, it’s negligent. And if you were injured because someone couldn’t keep their eyes on the road, proving that distraction is the key to holding them accountable.

The problem? No one admits they were texting. Proving it takes strategy, timing, and hard evidence. Here’s how to do it, and why it could make or break your personal injury claim.

What Counts as Distracted Driving?

Distracted driving means doing anything that takes your eyes, hands, or mind off driving safely. The National Highway Traffic Safety Administration (NHTSA) breaks it into three categories:

• Visual distractions: looking away from the road (reading texts, checking GPS, glancing at passengers).
• Manual distractions: taking your hands off the wheel (eating, reaching for items, using a phone).
• Cognitive distractions: losing mental focus (daydreaming, talking, stress, or fatigue).

Texting combines all three. On average, sending a text takes your eyes off the road for five seconds. At 55 mph, that’s the length of a football field, driven blind.

Why Proving Distraction Matters

After a crash, insurance companies decide fault based on negligence, the failure to act as a reasonable driver would. Distracted driving is a textbook example of negligence.

If you can prove the other driver was texting, calling, eating, or otherwise distracted, your claim becomes far stronger. 

That evidence can help you recover compensation for:

• Medical bills and future treatment
• Lost wages and reduced earning capacity
• Pain and emotional distress
• Vehicle repair or replacement

Without proof, insurers may downplay the crash or even blame you. With it, they have no choice but to face the facts.

Step 1: Secure the Scene Immediately

Your first priority after any crash is safety. Once you’ve moved to a safe spot and called 911, start collecting evidence while the scene is still fresh.

• Take photos and videos: Capture every detail, the position of vehicles, skid marks (or lack thereof), road debris, traffic signals, and damage patterns. If it’s safe, photograph inside the other driver’s vehicle. An open fast-food container, spilled coffee, or a lit phone screen could become critical clues.
• Write down everything: Record the exact time, weather, and location. Note if the driver seemed distracted, apologetic, or disoriented. Even small observations, like the glow of a phone screen in their hand, can strengthen your case later.
• Look for cameras: Identify traffic cams, business security cameras, or doorbell cameras nearby. Most footage is deleted within days, so time is everything.

Step 2: Gather Witness Statements

Eyewitnesses are often the missing link in proving distraction. They may have seen the driver holding a phone, looking down, eating, or failing to brake.

Ask for contact information and encourage them to describe exactly what they saw. A neutral third-party statement carries enormous weight with insurers and juries.

Step 3: Get the Police Report

Police officers who respond to the crash document key details. The report may not explicitly say “distracted driving,” but look for hints:

• The driver admitted to being on their phone.
• The officer noted inattentive behavior or no braking before impact.
• The driver was cited for texting or illegal phone use.

Request a copy as soon as it’s available. Police reports are official, unbiased evidence, something insurance companies take seriously.

Step 4: Preserve Video Footage

In today’s world, cameras are everywhere. That’s good news for your case.

Potential video sources include:

• Traffic cameras at intersections
• Security cameras on nearby businesses or homes
• Dashcams, either yours or other drivers’

Video evidence can show the driver glancing down, swerving, or failing to react. But remember: most systems automatically overwrite footage within days. An attorney can send a preservation letter to prevent deletion and legally request copies.

Step 5: Obtain Cell Phone Records

Cell phone data is one of the strongest ways to prove texting-while-driving. The records can reveal if a call, text, or app activity occurred moments before the crash.

These logs aren’t public, you’ll need a lawyer to request them through a subpoena or court order. If timestamps align with the crash, that’s irrefutable evidence of distraction.

In some cases, digital forensics can also uncover:

• Screen unlock times
• Social media use
• GPS navigation activity

Every data point helps establish the timeline.

Step 6: Check Social Media and Digital Activity

People often document their lives in real time, including the moments leading up to a crash. Posts, likes, or comments made at the exact accident time can confirm the driver was online instead of driving.

A skilled attorney can capture screenshots, metadata, and timestamps before posts are deleted. Combined with phone records, this creates a clear digital paper trail.

Step 7: Pull Vehicle “Black Box” Data

Most newer vehicles contain an Event Data Recorder (EDR), the automotive version of a black box. It logs speed, braking, steering, and seatbelt usage seconds before impact.

If the EDR shows no attempt to brake or swerve, it supports the claim that the driver wasn’t paying attention. Some models also record infotainment usage, showing if the driver interacted with the touchscreen or Bluetooth during the crash.

Your attorney can work with reconstruction experts to extract and interpret this data properly.

Step 8: Understand Distracted Driving Laws

Knowing your state’s phone-use laws can turn your evidence into a solid negligence claim.

RCW 46.61.672 – Using a Personal Electronic Device While Driving

This is Washington’s primary distracted driving law. It states, “A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction.”

• Covers holding or using a phone for calls, texting, or social media while driving, even when stopped at a light.
• Fines start at $145 for the first offense and $243 for the second within five years.
• Violations are reported to insurance companies and can affect premiums.
• It applies to all devices, including phones, tablets, and laptops.

RCW 46.61.673 – Dangerously Distracted Driving

• Allows officers to cite drivers who commit another traffic violation while distracted by any activity (e.g., eating, grooming, etc.).
• This is a secondary offense, but it strengthens negligence arguments in civil lawsuits.

If the driver broke these laws, your attorney can argue negligence per se, meaning the driver automatically acted unreasonably by violating a safety statute.

Step 9: Identify Common Signs of Distraction

Even without direct proof, certain behaviors scream “distracted driving.” These include:

• Drifting or weaving between lanes
• Rear-ending another vehicle without braking
• Running red lights or stop signs
• Speed changes for no reason
• Driver looking down or appearing startled at impact

Your lawyer can use these behaviors, combined with expert analysis, to demonstrate that inattention, not poor weather or bad luck, caused the collision.

Step 10: Hire an Experienced Car Accident Attorney

Proving distraction is rarely simple. It takes subpoenas, technical know-how, and fast action to preserve evidence. A seasoned car accident lawyer will:

• Send letters to preserve phone and video data
• Obtain cell and vehicle records through court orders
• Interview witnesses and collect sworn statements
• Work with accident reconstruction and digital forensics experts
• Negotiate directly with insurance companies
• File a lawsuit if the insurer lowballs or denies your claim

They know how to build an airtight case that shows what really happened, and they won’t let the insurance company shift blame onto you.

What If the Police Report Doesn’t Mention Distraction?

It happens often. Unless the driver admits fault or an officer catches them using a phone, reports might simply state “rear-end collision” or “failure to yield.”

That doesn’t mean distraction wasn’t a factor. Attorneys can uncover new evidence, cell data, video, or witness accounts that go far beyond what’s in the report.

How Proving Distraction Strengthens Your Case

Once distraction is proven, it changes everything. The case shifts from a “he-said-she-said” argument to hard evidence of negligence. That can lead to:

• Higher settlement values: Insurers know they’ll lose in court if you can prove illegal or reckless phone use.
• Punitive damages: In extreme cases, like texting through a red light, a jury can award additional damages to punish the behavior.
• Stronger negotiation leverage: Evidence of distraction forces insurers to settle faster and for more.

In short, proof turns suspicion into certainty, and certainty wins cases.

Comparative Negligence: What if You Were Partly at Fault?

Even if you think you might share some blame, you can still recover compensation under comparative negligence laws.

In states like Maine, you can receive damages as long as you’re less than 50% at fault. For example:

• You’re found 10% responsible (maybe you were slightly over the speed limit).
• The other driver is 90% at fault for texting.
• If your total damages are $100,000, you can still recover $90,000.

Proving distraction helps minimize your share of fault and maximize your recovery.

Time Is Critical, Act Fast

Every minute counts after a crash. Video gets erased, phone data disappears, and memories fade. If you wait, crucial evidence could vanish forever.

An attorney can immediately launch an investigation, issue preservation orders, and contact witnesses before insurance adjusters start building their defense. The sooner you act, the stronger your case.

What a Legal Investigation Looks Like

A thorough attorney-led investigation may include:

• Visiting the crash site to collect debris and measure skid distances
• Photographing both vehicles and retrieving onboard computer data
• Interviewing first responders and witnesses
• Reviewing phone records, surveillance video, and dashcam footage
• Reconstructing the accident using physics-based modeling
• Consulting digital experts to analyze infotainment or GPS data

This level of investigation paints a clear timeline, what the driver was doing, when, and how that led directly to your injuries.

When You Prove Distracted Driving, You Take Back Control

Distracted driving crashes aren’t accidents, they’re choices. When another driver chooses a text over your safety, they should be held accountable.

Proving distraction doesn’t just win cases; it tells your story clearly and credibly. It shows the insurance company, the court, and the jury exactly what happened and why you deserve compensation.

Don’t Let a Distracted Driver Get Away With It

If you were injured because another driver was texting, eating, or not paying attention, you deserve justice—and full compensation for what you’ve lost. The attorneys at Abeyta Nelson Injury Law have been fighting for Washington crash victims for over 40 years, securing millions in verdicts and settlements for clients across Yakima, Ellensburg, and the Tri-Cities.

We know how to prove distracted driving, preserve evidence before it disappears, and take on insurance companies that try to minimize your claim.

Call 509-575-1588 or visit abeytanelson.com today for a free case evaluation.