Proving Distracted Driving: The Evidence Playbook

Distracted driving is the new drunk driving.

Introduction

Proving distracted driving is no longer just about witness statements. In modern litigation, digital evidence tells the story. From cell phone logs to infotainment data, lawyers now have tools to prove when, how, and for how long a driver was distracted.

Collecting Digital Evidence

1. **Cell Phone Records:** Subpoenaed call logs, texts, and data timestamps can pinpoint distraction seconds before a crash.
   2. **Infotainment Systems:** Many vehicles record Bluetooth connections, screen touches, and app usage.
   3. **Black Boxes (EDR Data):** These reveal speed, braking, and steering input.
   4. **Video Footage:** Traffic cams, dashcams, or nearby businesses often capture moments before impact.

Legal Standards and Burden of Proof

Distracted driving is often treated as negligence per se — violating Iowa Code § 321.276 automatically satisfies the duty and breach elements. What remains is proving causation and damages, which digital records help solidify.

How Attorneys Build the Case

– Preserve all evidence immediately.
– Hire digital forensics experts.
– Demand production of phone and app data through discovery.
– Use testimony from crash reconstructionist to connect phone activity to driver reaction times.

Attorney Lombardi’s Summary

Not every case will require expert witness analysis, simply because not every case has injuries that are so bad that expert reconstruction can be justified. I always ask the question, is it economically feasible to hire a reconstructionist in this case? And, most of the time the answer is ‘no’. Why? Because experts are expensive and if the lawyer hires an expert and pays he expert there may be nothing left for the injured client. Car or truck accidents resulting in a death, quadriplegia, paraplegia, surgery, long hospitalizations, brain damage, coma, surgery or other catastrophic injuries may make your case feasible. If you have questions, give me a call. 515-222-1110, ask for Steve, although I am likely to be the one answering.