Evidence in a McKinney Car Accident Involving Cell Phones
If you have suffered an injury that was caused by someone using their cell phone, it is only fair that you are able to recover damages. To do so, you may want to seek the services of a seasoned lawyer who could help you with filing a claim. An attorney can assist with gathering evidence in a McKinney car accident involving cell phones case. This is important for establishing fault and calculating the amount of damages that you deserve. To get started, call today to schedule a consultation.
Immediately after a car wreck, the evidence of cell phone use during the accident needs to be preserved. An attorney could ask for a temporary restraining order to have the phone data copied. The lawyer may have to fight later on about what part to copy, but they can still work to conserve the evidence. It is crucial to preserve the evidence as soon as possible, this is why it is important to contact a lawyer as soon as possible. The sooner an attorney is contacted, the sooner they can begin conserving the evidence in a McKinney car accident involving cell phones case and begin calculating the damages. Occasionally, if the wreck is serious enough, the officer will seize the cell phone for evidentiary use.
Cell Phone Data
With the evidence of cell phone data, the lawyer can determine not only whether or not the driver was on the phone at the time of the wreck but exactly what the person was doing. Sometimes, one can figure out the texting string if it has not been deleted or even what websites were being surfed at the time of the accident. This type of evidence can disappear quickly if it is not preserved immediately. In most car collision cases, information showing when the data was accessed and when the cell phone was in use can be subpoenaed directly from the carrier. To issue the subpoena, the lawyer typically has to discover the name of the carrier, the account number, and the type of phone.
The cell phone company will be able to show what calls were made and what texts were sent. However, it is not going to show a text message that was composed. If a wreck occurs and the texting happens right in the middle of it, words and sentences are going to be incomplete. This goes a long way to establishing that the person was not paying attention to the road and was paying attention to their phone instead.
Pictures of the Accident Scene
Another piece of evidence in a McKinney car accident involving cell phones that is important is photos of the scene of the accident. There have been occasions when the pictures showed the cell phone displaced from where it would normally be. Photos are also important in showing the impact of the wreck and help prove who was negligent for the accident. For more information about how an attorney could help with collecting evidence, call today to schedule a consultation.