Free Consultations | Tap To Call Today: 1.888.625.6265

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. 

Firm Awards & Recognitions

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

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

You’ll want our experience on your side.
You’ll want your lawyers to be this good.

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience
Need Help
After Hours?

Paralegals Available
24 Hours A Day To
Speak With you

No Matter The Time, We’re Here To Help!
Click to Call Now