Distracted Driving

Every driver on the road knows the phone is the new drunk driving. Proving it in a courtroom is another matter: nobody admits they were texting, and the evidence that shows it does not collect itself.

Where the proof lives

• The police narrative. What a driver blurts out at the scene — “I only looked down for a second” — ends up in the officer's report, and it is powerful. In our $750,000 rear-end case, the responding officer's report described the van driver looking at his GPS. That single line reframed the entire claim.
• Phone records. Carrier records can show calls and data activity in the minute of the crash. They require subpoenas and precise timing work — and a lawyer who asks for them before they age out.
• Employer telematics. Commercial vans and trucks increasingly carry driver-facing cameras and telematics. Preservation demands must go out before the footage cycle overwrites.
• The hands-free laws. D.C., Maryland, and Virginia all ban handheld phone use while driving. A violation supports the negligence case against the driver who hit you — and helps answer any contributory-negligence attack on you.

Why it changes case value

A jury forgives a mistake. It does not forgive a choice. When the evidence shows the driver chose the screen over the road, the settlement conversation changes — and in egregious cases the door opens to punitive damages arguments that ordinary negligence never reaches.

Call (202) 524-0123 for a free consultation.