How can texting be proven after a car accident? A distracted-driving claim may be established through cellphone and application records, video, witness statements, vehicle data, driving patterns, and admissions. Texting is one form of distraction; calls, navigation, social media, eating, grooming, and reaching for objects can also divert a driver’s eyes, hands, or attention.
Reviewed for legal accuracy by Ryan C. Hasanbasic, Florida Bar No. 44119 | Updated August 20, 2026
Fowkes & Hasanbasic represents people injured in car accidents throughout Tampa Bay and Florida. Our lawyers personally evaluate and handle each case, investigate distraction, review insurance coverage, preserve evidence, and document injuries and losses.
Return to our Florida Car Accident hub or review the broader Florida Personal Injury practice.
Contents
What Counts as Distracted Driving?
Distraction may be visual, manual, or cognitive. Reading or sending a message can involve all three. Other examples include dialing, watching content, programming navigation, interacting with passengers, eating, grooming, handling pets, or searching for an object.
Evidence of Phone Use or Distraction
- Cellphone carrier records and device data obtained through proper legal process
- Application, rideshare, delivery, GPS, and dispatch records
- Dash-camera, surveillance, traffic-camera, and vehicle video
- Witness observations and driver admissions
- Event-data showing speed, braking, throttle, or steering
- Lane drift, delayed braking, and other driving patterns
- 911 calls, photographs, and physical evidence
Company and Commercial Drivers
If a distracted driver was working, an employer or other company may need to be investigated. Relevant evidence may include phone policies, training, schedules, dispatch communications, telematics, and whether the driver was acting within the course and scope of work.
Preserving Electronic Evidence
Electronic information can be deleted or overwritten. A prompt preservation request may identify potentially relevant devices, accounts, vehicles, video systems, and company records. Access to private information must follow applicable law and legal process.
Distracted-Driving Accident Questions
Does a texting citation prove the civil case?
A citation may be relevant, but a civil claim still depends on admissible evidence, causation, injuries, and applicable law.
Can a lawyer obtain the other driver’s phone records?
Potentially, through appropriate discovery or legal process when the information is relevant and proportional to the issues.
Navigation use may still be distracting depending on how and when the device was used. The surrounding evidence determines whether it contributed to the crash.
Request a Free Distracted-Driving Accident Case Review
Fowkes & Hasanbasic offers a free case review and generally handles personal injury matters on a contingency-fee basis under a written representation agreement.
Contact the firm, return to the Car Accident hub, or review the main Personal Injury hub.