Learn about 5 types of evidence that can help show a distracted driver caused a car accident

What Evidence Do You Need to Prove Distracted Driving?

Distracted driving includes all kinds of behaviors that take drivers’ eyes off the road, hands off the wheel, and/or attention off of driving. According to the National Highway Traffic Safety Administration, distracted driving causes nearly 400,000 traffic accident injuries every year. If you have been injured in a car accident that you believe was caused by a distracted driver, you may wonder how you can prove it. Here are five types of evidence that may be helpful.

Police Report

Police reports are valuable evidence for any type of car accident injury case, as they contain numerous details about the circumstances of the accident as well as the officer’s determination of fault for the accident. If the officer actually witnessed the other driver engaged in distracting behavior, or if they saw evidence of that behavior immediately after the accident, this would be pretty clear proof that distracted driving was the cause of your accident.

Cell Phone Records

Talking, texting, using apps, and browsing the web on a cell phone are extremely dangerous things to do while driving, and cell phone use is a top contributor to distracted driving accidents. If you suspect that the driver that caused your accident was using a cell phone at the time of the accident, their cell phone records could be used to prove this. In order to access these records, you will need to work with a car accident lawyer who can help you get the necessary subpoena.


You may be on camera while driving more often than you think. Traffic cameras at intersections, security cameras at nearby businesses, and even dash cams on other drivers’ vehicles may capture footage of your accident. It is definitely worth having your car accident attorney contact camera owners and ask to take a look at their video to see if it contains evidence of distracted driving or other useful information.


Anyone who observed the accident take place can serve as a witness in your case. This includes pedestrians as well as drivers of other vehicles. Witnesses should remain at the scene of the accident until they can be interviewed by law enforcement. Their testimony will be included in the police report. If they saw any distracted driving behavior, your attorney can re-interview them to gather additional evidence for your case.

Accident Reconstruction

Accident reconstructionists use physical evidence from accident scenes to figure out how accidents happened. In cases of distracted driving, it is likely that the reconstruction will reveal that there is no logical explanation for the accident other than the driver simply not paying attention to the road.

Contact The Law Offices of Larry H. Parker Now

If you need help with any kind of car accident case, our law firm is here for you. As the #1 car accident firm in southern California, we will provide the aggressive representation you need to prove liability for your accident and secure full and fair compensation for your injuries and damages. Call us at 800-333-0000 for a free consultation.