July 31, 2020

How to Prove the Other Driver Was on the Phone and Caused my LA Car Accident

If you have been injured in an accident caused by a driver who was on his or her phone, you may be entitled to compensation for your injuries. Using a cell phone while operating a vehicle in California is against the law and a driver who violates that law would be liable for your damages. Unfortunately, the problem becomes a matter of proof that the driver was on the phone at the time of the accident. Our Los Angeles cell phone car accident lawyer explains how to prove a cell phone auto accident with two important pieces of evidence:

Witnesses are invaluable when it comes to corroboration of a driver using a cell phone. When the officer who responds to the accident has several parties confirming that the driver was on his phone, this can go a long way in supporting any claim you may make for damages. 

Phone records are important evidence when there are no witnesses to confirm the use of a phone. When you have the assistance of a cell phone car accident lawyer, he or she can ask for phone records to establish usage during the moment of the crash. If phone records do indicate a text or call being picked up or placed during or before the accident, if can establish liability and support your claim.

If the phone company will not offer records voluntarily, they can be formally subpoenaed although California law usually wants to see supporting evidence to back up a lawyer’s request for phone records.

Proving that another driver was on the phone at the time of your accident can be complicated. It is important to consult with an experienced Los Angeles cell phone car accident lawyer to understand your rights under the law. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.