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.

media

Mirror Copy

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.

A Skilled Attorney Can Help Obtain Phone Records Following McKinney Car Accidents Involving Cell Phones

If you were involved in a car crash caused by another driver’s negligent cell phone usage, get in touch with a seasoned attorney at our firm. Our proactive team of lawyers could help with obtaining phone records following McKinney car accidents involving cell phones. Call now to get started.

McKinney Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Get a Free Virtual Consultation
Contact us media
Contact us media
Logo media

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (972) 945-1173.