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.