Phone Records Following McKinney Car Accidents Involving Cell Phones
It may become a surprise to some, but studies show that using a cell phone while driving can be more dangerous than drinking and driving. In the United States, one out of every four car wrecks is caused by one of the drivers being on their cell phone during the time of the accident. If you have been injured in a car collision that was caused by a driver being distracted by their cell phone, you may want to file a claim to recover damages. When you are attempting to file a claim, it is essential to gather evidence to prove negligence on the at-fault driver. This is why it is important to contact a dedicated lawyer who is experienced with searching phone records following McKinney car accidents involving cell phones.
Seizing Phone Records
For law enforcement to seize a cell phone, they either have to witness a misdemeanor happening with the use of the cell phone or have probable cause that a felony has occurred and that the phone is evidence of a felony. A car wreck may become a felony if the person’s poor driving has killed someone or left someone with a catastrophic injury. Insurance companies, just like any other civil litigant, have no ability to do anything on their own. The civil litigant, whether it is the insurance company or the plaintiff’s lawyer, has to file a lawsuit in order to preserve the evidence.
The judge is not necessarily going to allow the phone records following McKinney car accidents involving cell phones be seized for a long period of time. However, depending on the facts and the circumstances of the case, they may do so. The judge can allow the phone to be seized or to mirrored to run a mirror copy. A mirrored copy can be released by agreement of the parties, or if the parties cannot agree, the judge will have a hearing for what parts of that cell phone data is discoverable by which parties.
Right to Privacy in McKinney Car Accidents Involving Cell Phones
People have a right to privacy of their cell phones and their data, but that right is tempered by the need for evidence of fault, especially if exemplary damage claims are being made. It is a case-by-case basis, but the civil litigant, whether it is the insurance company or the plaintiff’s lawyer, would have to file a lawsuit and get a hearing in front of a judge to have it happen. If it is not a case in which a lawsuit is filed immediately, the lawyer can work to preserve the evidence if it is a serious injury case. In this situation, after the lawsuit is filed, the attorney can issue a subpoena directly for the cell phone data from the negligent driver’s phone carrier. If a subpoena is issued, the opposing party has the right to look at how broad the sought-after information is and then object to it. Obtaining phone records following McKinney car accidents involving cell phones is an important process for proving liability in a wreck.