top of page
  • Writer's pictureLeitner Varughese Warywoda

Five Types of Evidence You Need to Prove Distracted Driving

It is no secret that distracted driving is dangerous and can cause serious accidents. In fact, the National Highway Traffic Safety Administration (NHTSA) reported that in 2020, 3,142 people were killed in crashes involving distracted drivers. If you are involved in an accident and believe the other driver was distracted at the time of the crash, what evidence is available to help you prove your case?

If you were injured in a car accident caused by a distracted driver, contact the New York motor vehicle accident lawyers at Leitner Varughese PLLC to discuss the details of your case and determine which types of evidence can be used to prove that the other driver was distracted.

What Types of Evidence Can Help You Prove Distracted Driving?

Below are some pieces of evidence that may be effective in proving that the other driver was distracted.

  1. Police Report

The police report is one of the most important pieces of evidence in any car accident case. When officers arrive at the scene, they will investigate the crash, examine all vehicles involved, interview witnesses, and record all relevant information. This report will include details such as whether or not either driver was cited for anything—such as texting while driving—as well as a narrative of what happened leading up to the crash. Make sure to obtain a copy of this report for your records.

  1. Eyewitness Statements

If there were any witnesses who saw what happened leading up to the accident, their statements can be used as evidence in court to prove that the other driver was distracted at the time of impact. Witnesses may have seen something like a phone in another driver’s hand or heard them on a call while behind the wheel. If possible, collect contact information from any witnesses present so they can be contacted later to give testimony if needed.

  1. Surveillance Footage

If there were surveillance cameras near the site of the crash, then footage from those cameras may be able to help prove that one driver was distracted at the time of impact. You will need to request this footage from whichever entity owns it (e.g., a local police department or private business). The footage may show things like brake lights coming on late or someone holding a cell phone just before an impact occurred.

  1. Cell Phone Records

Cell phone records are also helpful when trying to establish proof that one person was using their device at a particular time and place when an accident occurred. For example, these records can determine if someone sent or received text messages around when an accident took place or if they were on a call with someone else during this time period as well. This type of evidence is especially useful if you are able to match it up with surveillance footage from nearby cameras, which shows someone using their phone right before an accident occurred.

  1. Expert Testimony

Lastly, expert testimony can help build your case if you are trying to prove that another driver was distracted at the time of an accident due to their use of technology (cell phone, GPS, etc.). An experienced attorney should know how best to utilize expert testimony and utilize it effectively in order to determine liability for an accident caused by distracted driving.

Speak With a Lawyer at Leitner Varughese PLLC

Proving that another driver was distracted during an accident can be difficult but not impossible. With careful investigation and analysis, you may be able to uncover evidence that proves beyond doubt that someone else’s negligence led to your current situation and helps put you back on track toward financial recovery after such a traumatic event occurs.

Our skilled and detail-oriented lawyers at Leitner Varughese PLLC can help you gather all relevant information and evidence so that you have everything you need for a successful claim against the distracted driver. Call our New York City office at 212-671-1110.


bottom of page