Distracted Drivers Cause Accidents, what if it Happens to You?

November 11, 2025 | Car Accident

If you were involved in an accident where someone was texting, calling, or otherwise distracted, this post is for you.  The NHTSA estimates there will be over 3,240 deaths and over 325,000 people will be injured from distracted driving accidents.  Distracted driving is a major public safety concern.

The bottom line is simple: distracted driving is negligence. If an accident happens and texting or phone use was a factor, the driver who was distracted will likely be held at least partially responsible for the crash.

State rules vary, but since the rise of smartphones most states have adopted laws limiting phone use behind the wheel.  As of 2024, 49 states have banned texting and driving, and at least 24 states ban using a handheld cell phone.

These laws are only part of the picture. Even in states without a total ban, texting while driving can still be used as evidence of negligence in civil cases or as an additional traffic offense. And local jurisdictions sometimes have separate ordinances.

What is Distracted Driving?

“Distracted driving” covers more than smartphone use. The law and courts look at any activity that takes attention away from driving, which typically falls into three categories:

• Visual distraction: taking your eyes off the road (e.g., looking at a phone, reading a text or directions)
• Manual distraction: taking your hands off the wheel (e.g., dialing a phone, eating, applying makeup)
• Cognitive distraction: taking your mind off driving (e.g., intense conversation with a passenger, daydreaming, being emotionally upset)

Common examples include texting, using social media, scrolling maps, adjusting GPS or radio controls, reaching for items, applying cosmetics, eating, or engaging in distracting conversations. Smartphones just made the problem more visible and more frequent, but many everyday behaviors can qualify as distracted driving.

Consequences of Texting and Driving

Getting caught texting while driving can lead to multiple negative consequences:

• Citation or ticket: Most states issue fines, and police can cite drivers under distracted driving statutes.
• Moving violation status: In many states, texting while driving is classified as a moving violation. That means it goes on your driving record and can affect insurance premiums.
• Insurance rate increases: A moving violation or an at-fault accident caused by distraction can raise your insurance costs for years.
• Civil liability: If a distracted driver injures someone or causes property damage, they can be held financially liable in a personal injury or property damage lawsuit. The driver’s distraction is evidence of negligence.
• Criminal exposure: In serious cases—especially crashes involving severe injury or death—criminal charges (from reckless driving to vehicular manslaughter) can follow. The possibility and specifics depend on state law and the facts of the case.

How Do You Prove a Driver Was Texting or Distracted?

Proving distracted driving is often the core challenge in these cases. People rarely admit fault at the scene, and many will deny looking at their phone. Below are the primary ways distracted driving can be proven in a civil (or criminal) context.

1. Admissions by the Driver

Sometimes the easiest evidence is an admission. I’ve handled cases where the at-fault driver said, “I was texting,” or “I was on my phone,” and that admission made liability clear. An admission can be direct (said to a bystander or the other driver) or may show up later in statements to police or insurers. Admissions are strong evidence, but they’re not common.

2. Eyewitness Testimony

Eyewitness accounts can be powerful. If you saw the other driver looking down at their phone, or an independent third-party (pedestrian, passenger in the other car, or another motorist) saw it, that testimony can support a negligence claim. Statements should be collected promptly while memories are fresh. If possible, get contact information for any witnesses and ask them to write down what they saw.

3. Video Evidence

Video can be decisive. Surveillance cameras from nearby businesses, doorbell cams, dashboard cameras (dashcams), traffic cameras, or private security systems sometimes capture the moments leading up to a crash.

After an accident, check the area for cameras and ask property owners for footage. Video is perishable evidence—ask a lawyer how to preserve it quickly (see “Evidence Preservation” below).

4. Phone Records and Digital Evidence

Phone records—call logs, text timestamps, and sometimes data use records—can show whether a phone was in use at the time of a crash. If you file a lawsuit, you can subpoena the driver’s phone records and (depending on the carrier and permissions) location data or metadata that indicates phone activity at the time of the crash.

Some key points about phone records:

• Phone carriers typically retain records for a limited period, so early action is important.
• Phone records show timestamps for calls and texts but don’t always prove a driver was looking at the screen. They’re persuasive when combined with other evidence (video, eyewitness testimony, admissions).
• Content of messages and certain types of data may be protected and may require a subpoena or court order to obtain. In criminal cases, constitutional protections can complicate access, but civil litigants can usually use discovery tools to obtain relevant records.

5. Physical and Forensic Evidence

Sometimes the accident scene or vehicle can offer clues—unusual steering inputs, brake marks, or forensic reconstruction that shows driver inattention. Forensic experts can analyze the crash to draw conclusions about reaction times and whether a driver could have avoided the crash if they had been paying attention.

Practical Steps to Take at the Scene

If you’re involved in an accident and you suspect the other driver was distracted, the actions you take right away can make a big difference to your safety and to any later legal claim. Here’s a practical checklist to follow at the scene:

1. Ensure safety first: Move to a safe location if possible. Call 911 if anyone is injured.
2. Call the police: A police report documents the incident and may include observations about phone use or distracted behavior.
3. Seek medical attention: Even if injuries feel minor, get checked. Some injuries (like whiplash) show delayed symptoms.
4. Take photos and video: Photograph vehicles, the scene, skid marks, traffic signs, signal states, road conditions, and any visible injuries. Video is especially useful.
5. Check for witnesses and cam footage: Ask for names and numbers of witnesses. Look around for surveillance, dashcam-equipped vehicles, or doorbell cameras and note where they are—ask business owners for footage.
6. Do not admit fault: Avoid saying “I’m sorry” or accepting blame, even casually. Words at the scene can hurt your claim later.
7. Exchange information: Get the other driver’s name, phone, license number, plate, and insurance. Also get their vehicle VIN and insurer if possible.
8. Document the time: Record the time and location; note any environmental factors (weather, light, etc.).
9. Preserve evidence: If the other driver’s phone is visible, do not let it be destroyed or wiped—note its presence. If you later retain counsel, they can send a preservation letter to carriers and businesses to prevent deletion of data or video.
10. Notify your insurer: Report the accident promptly per your policy requirements, but be cautious in giving recorded statements without consulting an attorney.

Evidence Preservation: How to Stop Key Evidence from Disappearing

Evidence can vanish fast. Video is often recorded over, phone data can be deleted, and witnesses’ memories fade. Because of that, acting quickly to preserve evidence is critical.

Preservation Letters

After a crash, an attorney can send preservation letters (also called spoliation letters) to phone carriers, businesses with surveillance cameras, and other entities to instruct them to retain any relevant records or footage. Carriers often have policies to preserve data for a short period (for example, 90 days) upon request.

Subpoenas and Discovery

If you file suit, you can use subpoenas and the discovery process to obtain phone records, call logs, text timestamps, location data, and business surveillance footage. Authentication and proper chain-of-custody procedures are required to admit electronic records in court, but these can be met by following proper legal processes.

How Phone Records Help—and Their Limits

Phone records are often thought of as a silver bullet, but they have limits:

• Phone records show activity timestamps: Call logs and SMS timestamps can indicate whether a phone was in use around the time of the crash
• They don’t always show screen interaction: Records usually do not show whether the driver was looking at the screen. A message timestamped near a crash doesn’t prove the driver was reading it at that split second, but it is compelling when combined with other evidence
• Smartphone apps and internal logs: Some apps and phones log usage that can be more detailed. For example, iMessage timestamps, app usage logs, or cellular tower location data can add context—but they typically require legal process to obtain
• Privacy and legal hurdles: Carriers and phone vendors protect customer data. In civil cases, you can generally obtain records via subpoena, but some content may be restricted. In criminal matters, constitutional protections apply

Putting the Evidence Together: Depositions, Trial, and Settlement

Most motor vehicle claims resolve before trial, but the way you assemble evidence determines settlement leverage. Here’s how the litigation process uses distracted-driving evidence:

Depositions

During depositions, parties and witnesses give sworn testimony under oath. Depositions are an opportunity to ask the other driver directly about phone use, to confront them with phone records or video, and to lock in their version of events. Contradictions between deposition testimony and documentary evidence can be powerful at trial or in settlement negotiations.

Expert Witnesses and Forensic Analysis

In more complex cases, accident reconstruction experts can show timelines, reaction times, and whether distraction was likely. Digital forensics experts can analyze phones and data to recover deleted messages or app usage logs. Experts can translate technical evidence into persuasive explanations for judges and juries.

Settlement Leverage

You don’t need to prove every element of your case to settle. Clear evidence of distraction—witnesses, video, or phone records—makes defendants and insurers more likely to settle. Preparing evidence to present a compelling but concise narrative increases your chances of a favorable resolution without trial.

When to Contact an Attorney

If you were injured or your vehicle was damaged because a driver was distracted, consult an attorney experienced in motor vehicle accidents. You should reach out if:

• Your injuries required medical care
• The other driver denies fault
• You believe the driver was texting, on the phone, or otherwise distracted
• There are disputes with an insurer about fault or value

An attorney can help immediately with evidence preservation (sending preservation letters to carriers and businesses), obtaining phone records through subpoenas, coordinating experts (accident reconstruction, digital forensics), and negotiating with insurers. If necessary, counsel will take the case to trial.