States such as Illinois ban texting while driving, but of course, that does not stop some drivers. Nor do the statistics that show how deadly texting while driving can be. So, it can be especially frustrating when you are injured in a car wreck by someone who was on his or her cellphone.
Adding to the frustration may be the fact that in many cases, it is tricky to show a driver was texting or on a cellphone when the crash occurred or immediately before, leading to the crash. However, here are some possible ways to show this was the case.
You may not be able to show that a driver was texting, per se, but with witness statements, you may be able to indicate that a driver was on his or her cellphone. Even your own statement explaining what you saw can carry a good deal of weight.
Depending on where the wreck happened, cameras may have recorded the driver on his or her phone.
While it is not always possible for police or attorneys to get their hands on the driver’s phone, it does happen sometimes. Looking at timestamps and comparing them to the crash timeline can clarify things. Sometimes, the people the driver was texting with will be willing to come forward and show their own texting evidence.
Many people use “texting” as an umbrella term that encompasses Facebook posts, Facebook messaging, tweeting and the like. In such cases, time stamps from social media can show when a driver was active relative to the time of a crash.
Getting a look at cellphone records can take a long time and do not necessarily give the answers sought. However, technology could eventually pave a clearer path. For example, Textalyzer should be able to show when someone was texting without going into the content of these conversations. However, these technologies can open up legal and privacy concerns.