Proving distracted driving caused your accident requires assembling compelling evidence that demonstrates the at-fault driver was not paying attention to the road at the time of the collision. Modern technology and investigative techniques provide powerful tools for uncovering cell phone usage, social media activity, and other forms of driver distraction, but success depends on acting quickly to preserve evidence before it disappears or becomes inaccessible.
We have successfully proven distracted driving in hundreds of car accident cases over our 65 years of practice, using advanced investigative methods and legal strategies to hold negligent drivers accountable. At Rubin, Glickman, Steinberg & Gifford, we understand the technical and legal challenges involved in proving distraction and work aggressively to gather the evidence needed to secure fair compensation for our clients.
Types of Evidence That Prove Driver Distraction
Cell phone records provide the most direct evidence of distracted driving, showing the exact times calls were made, text messages sent, or data used for internet browsing and social media. These records can pinpoint distraction within seconds of accident occurrence, creating powerful evidence of negligence when properly obtained through legal procedures.
Vehicle event data recorders capture information about speed, braking, and steering inputs in the moments before a collision. Sudden steering corrections, lack of braking, or failure to slow down often indicate driver inattention. Combined with accident scene evidence, this data can demonstrate that a driver failed to react to obvious hazards due to distraction.
Witness testimony frequently provides crucial evidence about driver behavior before accidents. Witnesses may observe drivers texting, talking on phones, eating, or engaging in other distracting activities. Their accounts become particularly valuable when corroborated by physical evidence or electronic records.
Traffic camera footage and surveillance video from nearby businesses can capture distracted driving behavior directly. Security cameras at intersections, parking lots, and commercial buildings often record the moments leading up to accidents, potentially showing drivers looking down at phones or engaging in other distracting activities.
Social media activity provides another source of evidence, as drivers sometimes post updates, photos, or check-ins immediately before or during their trips. These digital timestamps can establish that drivers were using their devices at the time of accidents.
Digital Evidence Collection Challenges
Electronic evidence requires immediate legal action to preserve and obtain it. Cell phone carriers typically delete detailed records after short periods, making prompt legal intervention essential. Social media posts can be deleted or privacy settings changed to hide evidence of device usage around accident times.
Privacy laws and constitutional protections create legal hurdles for obtaining electronic records. Successful evidence collection requires understanding proper legal procedures, warrant requirements, and subpoena processes to ensure evidence is admissible in court proceedings.
Building a Strong Distracted Driving Case
Immediate evidence preservation is crucial for distracted driving cases, as electronic records disappear quickly and physical evidence at accident scenes deteriorates. Professional accident reconstruction may be necessary to demonstrate how distraction led to the collision and to counter defense arguments about alternative causes.
A comprehensive investigation involves multiple types of evidence working together to create compelling proof of distraction. Cell phone records alone may not be sufficient if they show only brief usage, but combined with witness testimony and accident scene evidence, they can prove decisive.
Medical evidence linking your injuries to the specific type of collision also strengthens distracted driving cases. The severity and pattern of injuries can support arguments about impact forces and demonstrate the significant harm caused by the distracted driver’s negligence.
Successful distracted driving cases require strategic legal approaches that address both technical evidence collection and persuasive case presentation. Our investigation process typically includes several key components:
- Immediate preservation letters to cell phone carriers and social media companies
- Subpoenas for detailed phone records showing calls, texts, and data usage
- Analysis of accident scene evidence, including skid marks, impact points, and vehicle damage
- Professional accident reconstruction to demonstrate how distraction caused the collision
- Medical documentation linking injuries to the specific forces and circumstances of impact
These investigative steps must be coordinated carefully to ensure all evidence is properly preserved and admissible in court proceedings.
Contact Rubin, Glickman, Steinberg & Gifford for Skilled Distracted Driving Representation
Distracted driving cases require immediate action to preserve evidence and sophisticated legal strategies to prove negligence effectively. Our legal team has earned recognition as a “Best Law Firm” by U.S. News & World Report every year since 2010, and we maintain an AV-Rating from Martindale-Hubbell for our legal abilities and ethical standards. We understand the technical challenges of proving distracted driving and have the resources and experience necessary to hold negligent drivers accountable.
We offer free initial consultations to evaluate your case and begin immediate evidence preservation efforts. In personal injury cases, we work on contingency, meaning no upfront costs and no fees unless we recover compensation for you. Contact us today at (215) 822-7575 or through our contact form to discuss how we can help you prove distracted driving and secure the compensation you deserve.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
July 28, 2025
