How can I prove the other driver was texting?

Well, proving the other driver was texting is always interesting, and certainly is factually specific, and it’s varies from case to case, but here I’ll give you a for instance, I just had on my desk. I had a guy yesterday who contacted me who was recently rear ended. He was in a company vehicle, and the company, vehicle had a video camera that took both front and rear shots. So the rear video he got from me showed the driver behind him weaving a lot back and forth. So clearly there was a distraction there, likely the phone. 

The other thing was, we looked, then on the camera to see if we could see, you know, can we see? Her eyes couldn’t, which even then led more to believe. So in that case here, that’s, that’s the easy way to prove it, because we’ve got video evidence. And again, doesn’t prove it definitively, but it certainly gives us a whole bunch of evidence to suggest it. You know, I think the harder one becomes where we know we have a distracted driver, but we don’t know exactly, was it the phone? Was it the radio? Were they smoking? Were they doing whatever? But, I mean, I think what it comes down to is this, it’s pretty easy to prove when somebody’s distracted, then the question is, can we drill down further? Cops don’t always not to pick on the cops. 

They’re doing their best, but they don’t always do what I think they should do, which is actually take the phone and look at it. And that gets into some tricky things too, with do they have probable cause and such, but being goes into the criminal side. But you know, think the bottom line is this, you’re always looking to try to find why the crash happened, and you’re trying to dig down as fast as you can to try to figure out what evidence you may have that gets you well down the path. At the end of the day, you can always request cell phone records and things, and that can help as well.

 But there’s a whole bunch of things that go into proving were they texting? Since in most states now it’s illegal, you know, definitely makes the case worth more, because right away it increases, kind of like a drunk driver, nobody, nobody’s very happy when they get it by a distracted driver, especially not somebody texting. So you got to get the facts, got to get them early, got to got to start to dig in, and that’s how you end up proving it.