Preserving Evidence of Distracted Driving

Describe the conduct you actually observed

Was the driver looking down, holding a device, drifting between lanes, or reacting late? Record the observation and its timing. Do not convert an impression into a claim that someone was texting. Passengers, independent witnesses, and video may offer different perspectives.

The texting statute has a defined scope

Florida’s texting law restricts specified manual nonvoice communications while operating a motor vehicle, with statutory exceptions. It does not make every device use a texting violation. A traffic charge and proof of civil responsibility are distinct questions.

Preserve evidence through lawful channels

Do not access someone else’s phone, accounts, or private records. Phone records do not necessarily show who held a device or why it was being used; interpretation and additional evidence may be needed.

• Save the original dashcam video and identify possible sources of surveillance footage.
• Keep messages you received and photographs you lawfully took.
• Note witnesses who can describe the driver’s conduct before the collision.
• Tell counsel promptly about relevant devices, recordings, or records so preservation can be evaluated.

Connect the conduct to the collision

An investigation must address how the distraction may have contributed to the crash and injuries. Vehicle movements, sight lines, timing, and other possible causes matter. Preserve your own relevant records as well, without deleting or editing them.

For a review, bring the crash details, witness information, photographs, and insurer correspondence. A factual account is more useful than an accusation unsupported by evidence.