A large number of automobile accidents are due to cell phone use or other distractive conduct. In cases like these, establishing the other driver’s distraction at the time of the accident can strengthen your claim significantly, especially in Connecticut, where state law explicitly prohibits the use of handheld cell phones while driving.

These are types of evidence that can be presented to support your claim:

1. Police reports and testimony — Immediately after an accident, police are often called to the scene, and they typically prepare a report documenting their observations, witness statements, and any factors they believe contributed to the crash. A police report may note that the driver was observed using a cell phone or appeared distracted. This document can be highly persuasive evidence, as it’s an official record created by a neutral party shortly after the incident. In some cases, officers may testify regarding their observations, which can further support your claim.

2. Citations for violating Connecticut law — A Connecticut statute bans all handheld cell phone use while driving and prohibits drivers from engaging in activities that divert their attention from the road. If the police issued a citation to the other driver for cell phone use or a related infraction, this can serve as strong evidence of distracted driving. The issuance of such a citation demonstrates that the driver was acting unlawfully, which bolsters your argument that they were responsible for the accident.

3. Cell phone records — Cell phone records can be some of the most compelling evidence of distraction. By subpoenaing the driver’s cell phone records, an attorney can identify whether the driver was texting, calling, or using data at the time of the crash. The timestamps on these records can be matched against the accident’s timing, which could confirm that the driver was using their phone at the precise moment the collision occurred.

4. Witness statements — Eyewitnesses may have observed the driver’s behavior just before or during the crash. These can include the driver’s passengers or those in your vehicle, who may have noticed the driver looking down at their phone, talking on it, or otherwise not paying attention. Credible witness statements can corroborate your version of the events.

5. Video and photos — Video footage, such as from traffic cameras, dashcams, or surveillance cameras nearby, can provide real-time proof of the driver’s actions. Photos taken immediately after the accident may show evidence such as the other driver holding their phone. Video footage showing a driver using a phone just before impact is among the most irrefutable types of evidence and could lead to a quicker settlement.

An experienced automobile injury attorney knows how to obtain and interpret cell phone records, work with law enforcement to access traffic camera footage and gather all necessary witness statements and police reports. Additionally, a lawyer can bring in expert witnesses, such as accident reconstruction specialists, who can help establish the distracted driver’s fault was the primary cause of the crash.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven advocates on behalf of people injured in car crashes across Connecticut. To discuss your case, please call 203-745-0942 or contact us online.