In order to prove the use of a cell phone caused a driver to become distracted requires evidence such as:
- Police report
- Photos, videos, and audio
- Cell phone records
- Statement of witnesses
- Confession of the driver
After an accident, it’s important that the police are called to come to the scene and create an official report. This report will include statements from those involved as well as any witnesses who saw what happened.
The police will conduct a thorough investigation of the accident scene, including vehicles and surrounding structures. Their report will also document the cause of the accident, including whether cell phone use was a contributing factor.
The victim may use this statement to demonstrate that financial compensation is appropriate. It is extremely important that accident victims do not neglect to notify the authorities for this very reason.
Photo and Video Evidence
Photo and video evidence are essential in proving that a driver was on their phone during a road accident. However, car accident victims can’t solely rely on traffic cameras to prove their case. While Florida law allows red light cameras in every part of the state, they are not always guarantors of success for the victim’s case. Therefore, accident victims should also obtain photos and videos from CCTV footage of nearby buildings, traffic cameras, as well as dashcams from other vehicles on the road.
Cell Phone Records
Cell phone records are one of the most commonly used pieces of evidence in car accident cases involving cell phone use. These records can show calls and text messages, providing support to the victim’s suspicion that the at-fault driver was using their phone or sending a text during the accident.
Statement of Witnesses
Witnesses can play a crucial role in proving that the driver was using his or her phone at the time of the accident. Eyewitness testimonies are frequently used to establish driver liability and aid accident victims in obtaining financial compensation.
Confession of the Driver
In some cases, the other driver will admit to using their cell phone prior to the accident. This evidence is incredibly useful in proving that the driver causing the accident was at fault. When drivers admit to using their phones while driving, victims will have an easier time winning their case.