You're sitting at a red light when suddenly your car lurches forward. The driver behind you slammed into your vehicle at full speed, never touching their brakes. As you exchange information, you notice their phone sitting on the passenger seat with an unfinished text message on the screen. But now they claim they weren't using their phone at all.
This scenario plays out on St. Louis roads every day. Distracted driving causes thousands of accidents annually in Missouri, yet proving a driver was texting can feel like an uphill battle. The car accident attorneys at Finney Injury Law help accident victims gather the evidence needed to hold distracted drivers accountable for the harm they cause.
Understanding how to document and prove distracted driving can make the difference between recovering fair compensation and handling accident-related expenses alone. Here’s how to gather distracted driving evidence to prove that a driver was texting when they caused your accident.
Cellphone Records as Evidence
Cellphone records provide the most direct proof that a driver was texting before the accident. These digital footprints create a timeline of exactly what the driver did with their phone in those crucial moments before impact.
Phone records reveal several types of activity:
- Text messages. Timestamps show the exact times when texts were sent or received. One matching your accident time creates powerful distracted driving evidence.
- Phone calls. The record of incoming and outgoing calls can show driver distraction at critical moments.
- Data usage. Phones track app usage, web browsing, and streaming activity. Many drivers don't realize their phones track this information by the second.
Obtaining these records requires legal action. Your St. Louis car accident lawyer must send formal requests through the discovery process. They can subpoena the other driver's cellphone company if they refuse to provide records. Time matters here—some providers only keep detailed records for 30 to 90 days. Text message content often disappears even faster, sometimes within days.
Missouri courts generally support requests for phone records when they relate directly to accident timing. Ask for records from one hour before and after your crash. Requesting months of records will likely face pushback on privacy grounds.
Witness Statements and Observations
Witnesses provide independent accounts that can prove distracted driving when other evidence is unavailable. Their observations carry weight because they have no personal stake in your case outcome.
Strong witness testimony includes specific details about what they saw. Questions to ask include:
- Did they notice the driver looking down repeatedly?
- Was the phone visible in the driver's hand?
- Could they see the screen's glow on the driver's face?
- Did they see the driver drift between lanes, swerve, or miss traffic signals?
Collecting witness information requires quick action at the accident scene. Get names and phone numbers whenever possible. Use your smartphone to record brief audio statements while details remain fresh. Your attorney can later take formal depositions to document their testimony for your case.
Physical and Digital Evidence From the Scene
Physical evidence from your accident can strongly suggest distracted driving, even without direct proof of phone use. This evidence helps support other testimony and records in building your case.
Crash scene evidence tells a story through:
- Skid marks. Their absence suggests the driver never saw you or tried to stop. Distracted drivers often hit vehicles at full speed.
- Impact patterns. The angle and force show whether any evasive action occurred. Straight-on rear impacts often indicate zero awareness.
- Vehicle data. Modern cars have event data recorders that capture speed, braking, and steering inputs from seconds before impact.
- Traffic camera footage. Many St. Louis intersections have cameras that might show the driver using their phone before the crash.
- Security camera footage. Nearby businesses often have cameras facing the street. These may capture images of the driver on their phone.
An experienced attorney knows where to look for this evidence and how to preserve it. Security footage gets overwritten quickly. Vehicle data can be lost if the car is repaired or scrapped. Quick action protects these valuable pieces of your case.
Building Your Distracted Driving Case
An experienced St. Louis car accident lawyer knows which distracted driving evidence is most persuasive and can present it in ways that maximize your compensation. They also understand that strong evidence often leads to better settlement offers. Insurance companies know that juries punish texting drivers harshly. When faced with solid proof, insurers usually prefer fair settlements over risky trials.
At Finney Injury Law, we've helped countless St. Louis accident victims prove distracted driving and recover fair compensation. We know where to find evidence, how to preserve it, and how to use it effectively. Don't let a texting driver escape responsibility for your injuries.