How Do I Prove the Driver Who Hit Me Was Distracted?

 Posted on September 30, 2026 in Personal Injury

Proving that another driver was distracted often requires evidence beyond what you personally saw before the crash. Phone records, dashcam or surveillance footage, vehicle data, witness statements, and statements made by the other driver may help show what the driver was doing immediately before the collision.

If you were hit in 2026, our Germantown, MD personal injury lawyers can help gather evidence of distraction before important records or footage are lost.

What Do You Have to Prove in a Maryland Car Accident Claim?

A Maryland car accident claim requires you to show that the other driver owed you a duty of care, violated that duty, caused the crash, and caused you harm.

Maryland also follows the contributory negligence rule. If your own negligence contributed to causing the accident or your injuries, you may be barred from recovering compensation. Because of this rule, the insurance company may look for evidence that your own actions contributed to the collision. Evidence showing that the other driver was distracted can help establish how the crash happened and who was responsible.

What Are the Types of Distracted Driving?

Distracted driving falls into three categories, and the most dangerous behaviors involve more than one at a time:

• Visual, when the driver's eyes leave the road

• Manual, when the driver's hands leave the steering wheel

• Cognitive, when the driver's attention shifts away from driving

Many distractions involve more than one category. Texting, for example, can require a driver to look at a phone, use their hands to type, and concentrate on the message instead of the road.

What Evidence Proves a Driver Was Distracted Before a Car Accident?

Several types of evidence may help show what a driver was doing immediately before a crash. Phone records may show calls, messages, or data activity around the time of the collision. Records from apps or social media may also contain timestamps.

Dashcam footage, traffic cameras, business security cameras, and residential cameras may show the driver's actions or the movement of the vehicle before impact. Depending on the vehicle, an event data recorder may also contain information about speed, braking, and other actions shortly before the crash.

Under Maryland Transportation Article § 21-1124.1, drivers are not allowed to write, send, or read electronic messages while driving. Evidence that a driver was texting at the time of the crash can help support a distracted driving claim.

Can You Get Someone’s Phone Records After a Car Crash? 

You personally can’t call a carrier and request another person's records. They are obtained by subpoena or through formal discovery after a lawsuit is filed. Carriers also purge detailed usage data on their own schedules, often before a case reaches that stage. A preservation letter sent early puts the driver, the insurer, and the carrier on notice that the records must be kept. Your attorney sends that letter for you.

What Damages Can You Recover in a Maryland Distracted Driving Case?

Compensation in these cases covers both the bills you can add up and the losses you cannot:

• Emergency care, hospital stays, surgery, and follow-up treatment

• Physical therapy, medication, and future medical care

• Wages lost while you were out of work

• Reduced earning capacity when you cannot return to the same job

• Vehicle repair or replacement and other property damage

• Pain and suffering

• Emotional distress, anxiety, and disruption to daily life

• Loss of consortium, claimed by a spouse

Maryland limits noneconomic losses. The law caps what an injured person can recover for pain and suffering and similar losses. The cap rises each year, and the figure that applies depends on when your claim arose. Economic losses like medical bills and lost wages are not capped.

Contact Our Rockville, MD Car Accident Attorneys Today

At Salvado Law Offices, we are fully prepared and committed to take on your case with diligence and attentiveness. Attorney Carlos Salvado is a frequent guest on Agendo Radio, where he serves as a voice for and an advocate of the Hispanic community. He often comments on and answers questions about the local and national issues affecting Latin Americans and immigrants. That same commitment carries into how the firm handles clients who are hurt, out of work, and facing an insurance company looking for a reason to pay nothing.

Contact Salvado Law Offices at 301-933-1814 to talk to our Germantown, MD personal injury lawyers today.

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