Proving a Driver’s Cellphone Use Caused Your Crash

One of the most common causes of distracted driving is cellphone use—for talking, texting, or even scrolling social media. Florida Statute 316.305 prohibits drivers from texting or emailing on a cellphone while driving, but that doesn’t mean every driver follows this law. Our Florida car accident lawyer explains what steps to take to prove fault if you were involved in a crash with a driver using a cellphone. 

Steps to Prove Fault After a Crash With a Distracted Driver

Proving a driver was distracted by their cellphone use and caused your accident can be difficult. To prove fault, you can take several steps:

• Contact law enforcement. After a crash, alert law enforcement of the crash, and explain that you saw the driver using a cellphone.
• Ask the driver. If you can get the driver to admit they were using a cellphone at the time of the crash, this may be all the proof you need. 
• Look for a cellphone in the driver’s vehicle. There may be a cellphone visible in the driver’s car. This may provide evidence that the driver was using it at the time of the accident.
• Check the driver’s cellphone records. You will not be able to obtain the other driver’s cellphone records, but law enforcement or your lawyer can. Records can show proof of any calls or texts the driver may have sent around the time of the crash.
• Talk to witnesses. Witnesses, including a passenger in the at-fault driver’s vehicle, may provide confirmation that the at-fault driver was using a cellphone. Pedestrians or other drivers who saw the accident may be able to testify that the driver was on their cellphone and was distracted.

Do You Need a Florida Car Accident Lawyer?

If you were in a Florida car accident caused by a driver using a cellphone, contact Browning Law Firm today for a free, no-obligation consultation. We can help you navigate the legal process and work for your fair settlement. There are never any legal fees unless we win your case. To schedule an appointment, fill out our online contact form, or call us at 850-344-1736.