A driver who causes a car wreck because of cell phone use can be liable for an accident caused by distracted driving. The difficulty comes, however, in proving that a driver was using a cell phone before an accident happened, especially if the driver does not voluntarily admit to using the phone before the crash.
If this happened, to you, contact the Law Offices of Jason R Schultz, P.C. at 404-474-0804 to schedule a no-obligation consultation with a car accident lawyer.
Does It Matter If the Driver Was Talking or Texting on the Phone Before the Crash?
Yes, it may be important to prove the other driver was talking or texting on their phone before the crash. If your lawyer can prove the other driver was distracted, it could indicate the other driver is at fault for the wreck.
To prove the other driver was talking or texting on a cell phone, your lawyer may present eyewitness testimony from other drivers. Talk to a car accident lawyer about securing the other driver’s cell phone records. A phone carrier generally will not release cell phone information without a subpoena.
The Law Office of Jason R. Schultz, P.C. will gladly work with you and handle your car accident case. If you want to file a car injury accident claim or a lawsuit, we can ask the court for a subpoena to request that the phone carrier produce cell phone records.
If you were injured in a car accident, contact us at 404-474-0804 for your no-obligation case review.
How Will a Lawyer Use Phone Records as Evidence?
We may use phone records to help prove fault in car accidents. By using these records, we can compare the timing of the other driver’s cell phone use to the timing of the accident.
If the other driver disputes fault for the accident, we may use a cell phone forensics expert who can determine how the other driver was using the phone, how long the driver was on the phone, and other activity based on the driver’s cell phone records.
Besides cell phone records, we may gather other evidence to support your claim. The evidence may include:
- Your medical records that show the nature and extent of your injuries
- Photographs of your injuries
- Photographs of the accident scene
- Video footage of the accident
- A police report of the accident
Will the Police Report Say Whether a Driver Was Using a Cell Phone?
Not necessarily. The officer investigating your accident may not have the driver’s cell phone information in the accident report unless:
- The driver admitted to using a cell phone prior to the crash.
- The driver’s passengers witnessed the driver using the phone.
- Eyewitnesses to the accident saw the driver using the phone.
Let Law Office of Jason R. Schultz, P.C. Help You Recover Compensation for Your Car Injury Accident
We work on a contingency basis, which means that you do not pay us unless we win compensation in your case. Contact us now at 404-474-0804 for a free case evaluation.