Technology has seamlessly woven itself into the fabric of our daily lives. From smartphones to tablets, we are constantly connected, often to the detriment of our attention and focus. Nowhere is this more evident than on the road, where the allure of a buzzing notification or a quick text message can prove irresistible, even when operating a vehicle.

Distracted driving, especially texting while driving, has emerged as a pervasive and one of the most dangerous behaviors of drivers on our roads, posing a significant threat to everyone’s safety. If you were injured in a car accident because the other driver was texting while driving, you could be entitled to compensation for your injuries and damages. Shane McClelland helps victims of distracted driving accidents recover compensation for their damages.

How To Prove Someone Was Texting and Driving in a Car Accident

Proving that someone was texting and driving that caused a car accident can be challenging, but it is essential for establishing negligence and securing compensation. Here are the steps you can take:

Call the Police

After the accident, always call the police. Their report can document important details, including statements made by the drivers involved and eye witnesses. If the other driver admits to texting, this should be noted in the crash report.

Document the Scene

Use your smartphone or camera to take photos and videos of the accident scene. Capture the position of the vehicles, damage to both vehicles, and any relevant road conditions, such as skid marks.

Gather Witness Statements

Ask witnesses at the scene if they saw the other driver using their phone or behaving erratically, ask if they would be willing to provide a statement. Be sure to gather their name, phone number, and any other information that may be needed to get in contact with them later.

Check for Phone Usage Records

Your attorney can subpoena (or get in discovery in a lawsuit) the other driver’s phone records to determine if they were using their phone at the time of the accident. Look for incoming/outgoing calls or text messages around the accident time. This can establish a clear timeline. Cell phone towers can also provide data about a phone’s location and activity at the time of the accident. 

Security Footage and Dash Cams

If the accident occurred near businesses or intersections with surveillance cameras, your attorney can reach out to those establishments for access to their footage. This can provide crucial evidence. Some drivers have dash cams that photograph them while driving. If this is the case, then gathering that evidence is critical.

Expert Witnesses

In some cases, your attorney may consider hiring an accident reconstruction expert who can analyze the evidence, such as the point of impact and vehicle trajectories, to show that texting was the likely cause.


If the other driver admits to texting during or after the accident (perhaps in a statement to you, a witness, or the police), document it. Their own admission can be powerful evidence.

Injured in a Texting and Driving Accident? Consult an Experienced Personal Injury Lawyer

For those who have experienced the aftermath of an accident caused by a driver who was texting, the consequences can be life-altering. In these moments, the pursuit of accountability takes center stage, not only to compensate you for your injuries but also to help make our roads safer for other drivers and passengers. Proving that the other driver was texting during the accident becomes not only a means to secure compensation but also becomes a vital step in raising awareness about the dangers of distracted driving.

Contact the Law Office of Shane McClelland, PLLC today and let our team fight for your rights and justice. Schedule a free case review by calling (713) 987-7107 or by filling out our convenient online contact form.