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A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.

Possible Sources Of Evidence To Prove Distracted Driving


Distracted driving is one of the most common causes of auto accidents. However, you don't just accuse somebody of driving while distracted without backing up your claims with evidence. Here are some of the sources you may use to gather such forms of evidence:

Police Report

Police reports offer one of the best ways of proving distracted driving. This can either be from the official report of the police officers handling the investigation or court testimony of a police officer who witnessed the distraction. The report should have been completed immediately after the accident to hold more weight.

Accident Scene Photographs

Pictures of the accident scene may also provide evidence of distracted driving. Accident investigators, as well as car accident attorneys, have ways of unearthing clues from such photographs. For example:

  • An open makeup kit may mean that the driver was applying makeup while driving.
  • An open laptop on the front seat may mean that the driver was using the computer while driving.


You don't have to produce documentary evidence to prove that the defendant was distracted while driving. A skilled and experienced attorney will know the right questions to ask during a deposition to know what the driver was doing while he or she was also driving. A deposition is carried out under oath and recorded, so the defendant is expected to tell the truth; he or she may be accused of perjury if he or she lies.


You wouldn't believe how many video records of ignorant motorists exist. These videos only come to light when there is cause; for example, if an accident occurs. These videos can be recorded by cell phones of passing motorists, tourists on foot, surveillance cameras, police dashboard cameras and many others. If a video shows the defendant in a distracted situation, for example, playing with a dog while driving, then you can use it against him or her in court.

Cell Phone Records

Phone records are also useful in proving distracted driving. If subpoenaed phone records show that the driver was making calls or sending texts at the time of the accident, then you may use them to show distracted driving.

The defendant may argue that he or she was using a hands-free device so you may need an eye witness testimony to prove otherwise. Videos or pictures from traffic cameras or close circuit television (CCTV) cameras from nearby buildings may also be useful.

There are many avenues for collecting evidence of distracted driving; you just have to know how to find them. Of course, this is not a difficult task for an experienced car accident attorney like Chiacchia & Fleming LLP who has handled similar cases in the past.


22 January 2015