Can Evidence of Cell Phone Use at the Time of a Collision Be Discovered?
November 15, 2023
Distracted driving is one of the leading causes of serious car accidents. There is little chance for the other motorist to avoid a distracted driver because they are so unpredictable. To strengthen your claim, you may want proof that the other driver was on their phone during the accident. You may also need location records from a cell phone if the other driver denies that they were at the location of the accident. It is possible to obtain the other driver’s cell phone records that may help you prove that they were using their mobile device.
You would need an experienced attorney to help you obtain the other driver’s phone records. You would have to go through the court system and request a subpoena from a judge. If the judge grants your request for a subpoena, the cell phone company would then have to produce the records from the time of the accident. You would need to tailor the subpoena to make sure that you are not asking for cell phone records that are not relevant to the accident. The court would then weigh your request against the driver’s right to privacy and determine whether to grant the subpoena.
Cell Phone Records May Not Tell You Everything
Cell phone records may only tell part of the story. They can tell you when a driver received or sent a text. These records can indicate when a driver was on the phone, although they may have used a hands-free device. What phone records cannot tell you is when the driver may have been on social media or the internet at the time of the accident. It could be challenging to get proof that the driver was doing anything other than talking or texting.
You may also need other forms of evidence that prove the driver was distracted. First, there may be witnesses who saw the driver with their phone in their hand at the time of the accident. Second, the police officer who arrives at the scene may conclude that the driver was on their phone. They would note it in the accident report, and they may even issue the driver a citation at the scene.
You May Not Need to Prove Distracted Driving
You may not have to prove that the driver was on their phone during the accident. The records would help you if your case was closed and liability was in dispute. For example, if you were in an intersection accident, both drivers may claim they had the right-of-way. Obtaining cell phone records may buttress your side of the story. It may always help to have additional evidence to prove your case.
However, you may still be able to prove your case based on what the driver did during the accident. A driver who was on their phone may do things like run a red light or drift out of their lane. Those actions alone prove that the driver acted unreasonably under the circumstances. Phone use may have been the cause of those actions, but it is what the driver did that is important. In other words, if you have witness testimony, you may have more than enough evidence to prove what the other driver did without cell phone records.
Call a Baltimore Car Accident Lawyer at LeViness, Tolzman & Hamilton for Legal Help
When you need someone to fight for your legal rights, contact a Baltimore car accident lawyer at LeViness, Tolzman & Hamilton. Call 800-547-4LAW (4529) or contact us online to schedule a free consultation.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.