Release of new video on Kellum Law Firm’s YouTube channel:

Focused on a critical topic that affects thousands of accident victims each year: distracted driving caused by texting behind the wheel.

In our latest video, we explain what steps are involved in proving a driver was texting at the time of a crash, how this can impact your personal injury claim, and why having an experienced attorney can make all the difference in securing fair compensation.

Distracted driving isn’t just careless — it’s dangerous. When a driver takes their eyes off the road to send or read a text, even for just a few seconds, they endanger everyone around them. Unfortunately, proving that distraction caused an accident isn’t always easy. That’s why it’s so important to understand how evidence like phone records, witness statements, accident reconstructions, and on-scene photographs can strengthen a case.

At Kellum Law Firm, we’ve handled numerous cases where texting drivers caused serious harm, and we know exactly how to build a strong case from the ground up. Whether it’s subpoenaing phone records or working with accident reconstruction experts, our team is prepared to fight for the justice and compensation our clients deserve.

You can watch the full video here on our YouTube channel, or below.

We’ve included the full transcript for your reference:

Video Transcript: Injured by a Distracted Driver? Proving Fault in Texting-While-Driving Cases

Welcome to Kellum Law Firm’s YouTube channel.

Today we’re talking about one of the most common yet preventable causes of car accidents: distracted driving, specifically texting while driving.

If you or someone you care about has been injured by a distracted driver, you already know how serious and devastating these incidents can be. But how exactly do you prove the other driver was texting, and how does that impact your case?

First things first: when someone is texting and driving, they’re clearly negligent. But proving that negligence can be tricky. Even if the driver admits fault at the scene, that admission may not always carry weight when it comes to a settlement or a courtroom.

Here’s how experienced attorneys build a strong distracted-driving case:

One of the most powerful tools is obtaining the driver’s cell phone records. Your attorney can issue a subpoena to get official records from the driver’s mobile carrier. These records can show precise timestamps of texts, calls, and even data usage. If these timestamps match up with the exact moment of your collision, you’ve got clear evidence that the driver was distracted.

Another critical piece of evidence comes from eyewitnesses. Maybe another driver saw the person looking down at their phone. Maybe a passenger in either car noticed the driver texting. Gathering eyewitness statements early is key to supporting your claim.

But what if there are no eyewitnesses or phone records aren’t conclusive? This is where accident reconstruction can help. Expert analysts look at vehicle damage, skid marks, traffic patterns, and even video footage from traffic cameras or nearby businesses. A detailed reconstruction can clearly show a driver’s behavior leading up to an accident, painting a vivid picture of distraction—even without explicit phone records.

Of course, photographs from the accident scene can also tell a powerful story. If you’re physically able, always take photos of the vehicles, road conditions, and especially the position of any phones or electronics you can safely document.

Why is proving texting while driving so important for your case? Well, proving distraction clearly establishes fault and helps maximize your compensation. Insurance companies are more likely to offer a fair settlement if they know the evidence strongly supports your claim. And if your case does go to court, having solid evidence of distracted driving greatly increases your chances of a favorable outcome.

At Kellum Law Firm, we’ve handled many distracted driving cases and know exactly how to gather evidence quickly and effectively. If you’ve been injured by someone who chose to text and drive, you deserve justice, and you deserve compensation. Our team is here to help you every step of the way.

Thanks for watching. If you found this video helpful, please give it a like and subscribe to our channel for more valuable content. For additional information or to schedule your free consultation, visit us at kellumlawfirm.com.

Learn More

We invite you to visit our Video Resources page to explore more legal videos covering personal injury, wrongful death, elder abuse, and more. Our goal is to provide you with the information you need to make informed decisions and protect your rights.

If you’ve been injured in a car accident and need trusted legal guidance, we invite you to explore some of our helpful resources. Learn more about your options and how Kellum Law Firm can assist you in pursuing fair compensation after an accident:

If you’re located in Greenville, learn more about your options by visiting our Car Accident Lawyers in Greenville page. And for a deeper understanding of the legal process, don’t miss our comprehensive Car Accident Legal Guide, where we cover critical steps, common pitfalls, and what you need to know after a crash.

At Kellum Law Firm, we’re committed to helping accident victims throughout North Carolina get the support and representation they deserve. Contact us today if you have any questions or would like a free case review.