How To Prove the Other Driver Was Texting

Texting while driving is one of the most hazardous forms of distracted driving, putting everyone on the road in danger. On average, sending or reading a text takes a driver’s eyes off the road for about five seconds, long enough to cover the length of a football field at 55 mph.

Nationally, teens are four times more likely to crash while texting. Adults aren’t immune either, doubling their chances of a collision risk when using their phones. This reckless behavior puts lives at risk and violates every driver’s duty to operate their vehicle responsibly.  

If you’ve been involved in a crash caused by a texting driver, proving their phone use becomes essential for establishing fault. Learn what evidence you need to prove liability and how our experienced Appleton car accident lawyers can help you get the compensation you deserve.

Texting and Driving Is Illegal

Texting while driving is both dangerous and illegal in Wisconsin. Under State Statute 346.89, drivers are prohibited from composing or sending texts while behind the wheel.

Even with these laws in place, distracted driving led to more than 9,000 crashes in Wisconsin in 2023, resulting in more than 3,600 injuries and 23 fatalities. These statistics highlight the dangers and the importance of staying focused on the road.

When a texting driver causes an accident, they can be held accountable for the harm they cause. If you can prove their distracted behavior, you may be entitled to pursue compensation for medical expenses, lost wages, pain, and other damages resulting from the collision.

Gathering Evidence to Prove Texting Behind the Wheel

Proving that a driver was texting at the time of a car accident requires strong evidence to demonstrate their distracted behavior. Here are several ways to gather the necessary proof:

• Cell Phone Records: Cell phone records have timestamps for sent or received messages and data usage logs that may match the timing of the accident. A skilled Appleton car accident attorney can request these records through a subpoena or court order and analyze the information to build a strong case for your claim.
• Eyewitness Accounts: Pedestrians, other drivers, or passengers who saw the at-fault driver texting can provide firsthand accounts that support your case. Their observations, such as seeing the driver looking at their phone instead of the road, can help establish that distraction played a role in the crash.
• Police Reports: When police officers respond to an accident, they document their findings in an official crash report. This report may include evidence of texting, such as an open messaging app on the driver’s phone or an admission of texting at the time of the crash. It will also record any citations issued under Wisconsin’s texting law, which can serve as clear evidence of distracted driving.
• On-Site Camera Footage: Traffic cameras, dash cams, or surveillance cameras from nearby businesses can provide visual proof of what occurred before the collision. Footage may show the driver glancing down at their phone in the moments leading up to the accident. Your attorney can locate and review this footage to strengthen your case.
• Accident Scene Evidence: Physical evidence from the crash site can also point to texting while driving. For example, the absence of skid marks might suggest that the driver failed to brake because they were distracted. A phone found in the driver’s lap or open text messages on their device can indicate the driver was texting.

Why Legal Assistance Is Essential

Gathering evidence to show another driver was texting during an accident is critical but can be challenging to collect without legal support. Accessing cell phone records, for example, is difficult because privacy laws protect them and require a court order.

At Brian Hodgkiss Injury Lawyers, our experienced car accident attorneys handle every aspect of this process. We obtain court orders to access cell phone records, collaborate with accident reconstruction specialists, and build a solid case to prove liability through thorough investigations.

Work With Experienced Appleton Car Accident Lawyers

Dealing with the aftermath of an accident caused by a texting driver can feel physically, emotionally, and financially overwhelming. You shouldn’t have to face these challenges alone.

At Brian Hodgkiss Injury Lawyers, we understand the stress and uncertainty you may be experiencing. Our compassionate and experienced team can advocate for the compensation you deserve, so you can focus on healing and moving forward.

Contact us today for a free consultation, and let us help lighten the burden on you and your loved ones during this difficult time.