Seizing Phone Records of Drivers Involved in a Truck Collision
Truck drivers are subject to the Federal Motor Carrier Safety Act (FMCSA) and are not supposed to be using cell phones while operating behind the wheel. The FMCSA is a federal law that prohibits truckers from using cell phones while they are driving. Drivers are required to focus on the road, especially those who drive 18-wheelers because they are much heavier and less maneuverable than other vehicles on the road.
People have a right of privacy to the data in their phone such as where the phone was physically located, internet history, and text message content. However, phone records could be subpoenaed to prove negligence in court. A McKinney texting while driving truck accident lawyer is looking for where drivers were when the phone calls were made, not just what phone calls were made. The attorney has to be very specific about the data they are seeking.
Once an experienced attorney shows what information they are trying to get, why they are trying to get it, and why they are trying to verify the accuracy of trucking logs, they may be granted a subpoena by a judge.