Texting while driving is one of the most dangerous forms of distracted driving. It takes a driver’s eyes off the road, hands off the wheel, and mind off the task of safe driving. For just five seconds of texting at 55 mph, a vehicle can travel the length of a football field. It is no surprise that victims of these crashes often suffer serious injuries or worse.
At The Johnson Injury Firm, we have witnessed firsthand the devastating impact of a distracted driving crash. When a negligent driver causes a collision while texting, they should be held accountable. But proving that the other driver was texting can be difficult—unless you know exactly what to look for.
Our experienced car accident lawyers in Richmond are ready to help. We can investigate your case and help you secure the maximum compensation.
Why Proving Texting Matters in a Car Accident Case
Virginia law recognizes distracted driving as a form of negligence. If you can prove the other driver was texting, that evidence can be a decisive factor in establishing liability. It can:
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Show the driver breached their duty of care
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Strengthen your case for full compensation
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Increase the likelihood of punitive damages in severe cases
Without clear proof, the at-fault driver or their insurance company may claim the crash was caused by something else, like you.
That is why working with a skilled car accident lawyer in Richmond is critical. An experienced attorney can gather the evidence needed to prove texting was a direct cause of your injuries.
Understanding Virginia’s Laws on Texting and Driving
Virginia law prohibits drivers from holding a personal communications device while driving. According to Code of Virginia § 46.2-818.2, it is illegal to:
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Read or enter text while operating a vehicle
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Hold a phone while driving on highways
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Use a phone in work zones
Violators can face fines and demerit points. In serious cases, texting can result in charges for reckless driving. Importantly, a violation of this law can serve as evidence of negligence in a civil personal injury case.
Key Types of Evidence That Can Prove the Driver Was Texting
If you suspect the other driver was texting before the crash, you will need specific forms of evidence to prove it. Here are the most effective ways to do that:
1. Cell Phone Records
One of the strongest tools is the other driver’s phone records. These can show:
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Text messages sent or received near the time of the accident
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App usage or phone calls
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Data activity consistent with texting
A Richmond accident attorney can request these records through a subpoena during the discovery phase of a lawsuit. If the timing aligns with the crash, it could provide solid evidence of distracted driving.
2. Witness Testimony
Sometimes, bystanders or passengers will have seen the driver using their phone. Statements like “I saw the driver looking at their phone before the crash” can carry significant weight in court.
Even statements from passengers in the at-fault vehicle may be admissible, especially if they admit the driver was texting.
3. Police Report Details
Always call the police after a crash. The investigating officer may:
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Note if the driver admitted to texting
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Mention a phone found in the driver’s hand or lap
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Issue a citation for phone use
These official records are often used as evidence in settlement negotiations or court.
4. Surveillance or Dash Cam Footage
Nearby businesses or traffic cameras may capture the moments leading up to the crash. Dash cams—either yours or another driver’s—might also reveal the other driver looking down or holding a phone.
Footage showing the driver looking away from the road is compelling proof in a distracted driving crash.
5. Social Media and App Usage
Many drivers use messaging apps or social media while driving. A good legal team can investigate whether posts or messages were made at the time of the accident.
Time-stamped Snapchat stories, Instagram posts, or TikTok videos can tell a damaging story for the at-fault driver.
6. Vehicle Data and Infotainment Logs
Newer vehicles store detailed data about driver activity. Some even track phone pairing and touchscreen use. An auto wreck attorney in Richmond may hire an expert to extract this data to identify usage patterns inconsistent with safe driving.
What to Do if You Suspect the Other Driver Was Texting
Act quickly. The longer you wait, the harder it becomes to gather crucial evidence. Follow these steps:
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Call the police: Always request a police report at the scene.
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Document the scene: Take photos of the vehicles, the roadway, and the driver’s behavior.
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Look for witnesses: Ask nearby drivers or pedestrians if they saw phone use.
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Do not confront the other driver: Let your lawyer handle communication.
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Contact a car accident lawyer in Richmond: Legal guidance early on can protect your case and maximize your recovery.
How a Richmond Accident Attorney Builds a Distracted Driving Case
At The Johnson Injury Firm, we use a combination of investigative strategies to build strong claims for our clients. When we suspect texting, we:
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Send evidence preservation letters to prevent the deletion of phone records
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Subpoena phone logs from carriers
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Interview witnesses and obtain statements
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Analyze crash reports for inconsistencies
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Work with forensic experts when needed
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Investigate all available footage and digital data
Our goal is to create a clear, persuasive narrative that the other driver’s texting caused your injuries, and they should be held fully responsible.
Real Impact: How Texting-Related Crashes Devastate Lives
Distracted driving crashes often result in:
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Broken bones and internal injuries
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Lost income and future earning ability
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Long-term emotional trauma
We understand that these accidents are more than just statistics. Behind every case is a real person whose life was upended by a careless decision. As your auto wreck attorney in Richmond, we are here to help you rebuild, starting with justice.
Potential Compensation After a Distracted Driving Crash
If texting caused your accident, you may be entitled to compensation for:
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Medical expenses (current and future)
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Lost wages and reduced earning capacity
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Pain and suffering
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Property damage
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Emotional distress
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Punitive damages (in severe negligence cases)
Each case is different, but proving the driver was texting often strengthens your chances of a higher settlement or verdict.
Why Choose The Johnson Injury Firm
With deep roots in Richmond, our legal team has established a reputation for tenacious advocacy, strategic litigation, and personalized attention to each client’s unique story. We are proud to help victims of negligence, especially those injured by distracted drivers.
Attorney [Insert Name], the lead car accident lawyer in Richmond at our firm, has successfully handled numerous texting-related cases and knows how to navigate the complexities of Virginia’s laws. When you work with us, you gain a powerful legal ally dedicated to achieving results.
Time Limits: Do Not Wait to Act
Virginia has a two-year statute of limitations for personal injury claims. Delays can jeopardize your case and cause critical evidence, such as phone records or video footage, to disappear.
If you believe the other driver was texting, contact a Richmond accident attorney immediately to begin an investigation.
Frequently Asked Questions: Proving the Other Driver Was Texting
Can I get access to the other driver’s phone records?
Yes, but typically only after a lawsuit is filed. Your attorney can subpoena the records during discovery if texting is suspected as a contributing factor.
Is a citation for texting enough to win my case?
It helps, but more evidence is usually needed. A citation supports your claim, but you must also show that the texting directly caused the crash and your injuries.
What if the driver deleted their texts?
Deleted messages may still be recoverable through phone records or forensic analysis. This is another reason to act quickly and hire a lawyer who knows how to preserve electronic evidence.
Can I sue for punitive damages if the driver was texting?
Possibly. If the driver’s behavior was especially reckless, Virginia courts may allow punitive damages to punish the wrongdoing. A Richmond accident attorney can help assess your eligibility.
Does Virginia consider texting while driving negligence?
Yes. Under Virginia law, texting while driving is prohibited and can be used as evidence of negligence in a personal injury case.
What if the driver was using a hands-free system?
Hands-free use is legal, but it can still be distracting. If the driver was mentally focused on the phone and not the road, it could still contribute to fault.
Hold Negligent Drivers Accountable
Texting while driving is a dangerous, illegal, and completely preventable behavior. If someone’s careless choice to glance at a phone instead of the road caused your injuries, you deserve justice. With the right legal team, proving texting is possible—and it can make all the difference in your case.
Contact The Johnson Injury Firm today to schedule a free consultation. Let a proven auto wreck attorney in Richmond investigate your case, uncover the truth, and fight for the compensation you deserve.
