Say you are driving along when a vehicle crosses the center line, colliding violently with your car. During your recovery, you recall observing the driver in the other car arguing with a passenger just before the collision.

You have your memories, and maybe other occupants remember the same events, but that isn’t enough to prove distracted driving. What kind of hard evidence should you look for to substantiate your claim?

Motorist confession or admission

Occasionally, at-fault drivers admit they were distracted at the time and voluntarily take responsibility for the motor vehicle accident. When they do confess, it can add support to your accounting of how the crash happened.

Law enforcement accident report

Police officers called to the crash scene must complete and file a report about the incident. These reports contain details about the crash scene and sometimes an initial opinion about how the accident happened, perhaps further supporting your claim.

Photos and videos

Since most people have a cellphone, there is an excellent chance that someone took pictures or recorded video of the crash. If you cannot find any potential witnesses, traffic cams or nearby security cameras may have captured the vehicle accident.

Cellphone records

When texting is the distraction, the other driver’s phone records can help prove they were not paying attention when the accident occurred. In light of the generally harsh stance against texting behind the wheel, these records can add substantial weight to your claim.

Since West Virginia is an at-fault accident state, solid evidence proving your case can help ensure that you obtain the compensation you deserve from your accident claim or lawsuit.