Grand Prairie Accidents Involving Cell phones
Distracted driving accidents occur often. The most common distraction for drivers is the use of cellular devices. If a driver causes an accident due to distracted driving, they could be held liable for damages. Following, an auto collision, it is best to seek legal help from a dedicated and experienced motor vehicle collision attorney. A skilled lawyer could explain the nuances of Grand Prairie car accidents involving cellphones.
What Types of Evidence Is Used In a Case?
There are various types of evidence that could be used to show distracted driving. The cell phone companies keep a couple of different records including the call detail records or CDR and billing records.
The CDR contains information such as the calling phone number, the receiving phone number, time and date of the call even down at the second, the length of the call, and the first and last cell caches by the phone during the call.
Some companies include text messages and data connections in the CDR, while others only provide this information in separate documents varies by company. The billing records though usually only contain calls with the time of call was placed and the duration of the call.
Some companies are subject to Section 18 or 18 USC 2703, which requires the companies to maintain the records for 180 days, and most companies maintain CDR’s for a year or more, they actually keep the billing record longer.
The Preservation of Records
The cell side information is important in the case, that is why it is critical to preserve the CDR even if a case hasn’t been filed. Phone companies are required to preserve the records for an additional 90 days upon request.
The letter of preservation requests can be sent out every 90 days until a case is filed which could potentially go on for years, once the case is filed, the defense can obtain a court order or subpoena for the CDR.
To make the most of the cell phone records, an action should be started as soon as possible after a crash, preferably the day of the crash, test calls are reliable when made shortly after the crash. Preservation request should be sent immediately and as well as subsequent preservation requests until the records can be attained through a court order. This cell phone record analysis has some limitations but it’s a powerful evidence to support us in many of our cases.
Steps To Prove Negligence Following An Accident Involving Cell Phones
When a driver operates a motor vehicle on a public road, he or she is required to safely operate that vehicle, and they owe a duty of reasonable care to other drivers as well as pedestrians.
The duty of care is breached when a driver is distracted and gets into a crash. If the distracted driver was talking on a cell phone at the time of the crash, evidence of the call is going to be used to prove negligence.
If the driver was messing with the radio, applying make-up or eating at the time of the crash, the acts of a distracted driver could be used to prove negligence because he or she was not operating the vehicle safely.
Distracted driving evidence can also be used against individuals who do not cause the accident, as well. If a driver is playing with their phone while operating the motor vehicle and other driver hits the car first, this distraction could constitute contributory negligence depending on the circumstances.
If one party is found to be 51 percent negligent, he or she would be prevented from recovering any compensation for damages or injuries. Texas has passed laws to combat distracted driving, it’s important to remember whenever they get behind the wheel, they are legally responsible for safely operating their vehicle.
All measures should be taken to pay attention because by the end of the day they put their passengers and other drivers in danger.
Speak To An Attorney About Grand Prairie Car Accidents Involving Cell Phones
Many car accidents that occur in Texas are due to distracted driving and driving with a cell phone. If a party is caught driving while distracted they could be held for all damages. A seasoned car collision lawyer could investigate the cause of the crash, collect evidence to prove negligence, and help you seek compensation. Schedule a consultation today to learn about Grand Prairie car accidents involving cell phones.