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The act of texting and driving is a crime in an increasing

number of states, viewed by the law at the same level as drinking and driving. Unfortunately it’s not as easy to prove as a DUI, but there are ways in which prosecutors can find out if a driver caused an accident while texting. Auto accident attorneys can also help victims file claims against distracted drivers if the right actions are taken following a crash.

Retrieve Cell Phone Records

Even if a cautious cell phone user deletes their text messages, law enforcement officials can contact the user’s mobile service provider and view the timestamps for any text messages sent or received. Many auto accident lawyers have been able to use cell phone records to prove that a driver was using their phone during an accident. An auto accident lawyer may also be able to use them in a car accident case.

Talk to Witnesses

Prosecutors have also been able to use witness testimonies to prove that drivers used cell phones prior to accidents. Witnesses are not always reliable in car accident cases, but they can provide strong evidence, particularly if several witnesses provide similar accounts.


Request Officer Testimony

Officer testimonies provide some of the strongest evidence of texting and driving. Even if a driver hasn’t caused serious injury or death while texting, officers can still charge them with texting while driving in some states or the blanket charge of distracted driving. Officers can recall instances in which they pulled drivers over for texting and driving, serving as more reliable witnesses.

If you believe a distracted driver is responsible for damages or injuries in a car accident, speak with an auto accident lawyer to help ensure that you receive full compensation. 

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Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

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