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.

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Evidence Used in Truck Crashes

The evidence needed in a case will depend upon what evidence the attorney can obtain. For example, the lawyer could get all cell phone data from the cell phone carrier. To do that, they need the carrier’s name, the name of the account, and the account number.

Many times, these truck wrecks are caused by drivers that are driving while they are exhausted and just too tired to drive. The driver may say that they are not on their cell phone, but very often they were on their cell phone. It is important to collect evidence that could be used to compare to the trucking logs. The trucking logs indicate:

  • When they started
  • Where they were when they started
  • How many miles they went
  • When they stopped to fuel up
  • How many hours they drove over a particular time

To get a full history of the wreck occurred, sometimes it is necessary to get the tower records on the cell phone and the actual forensic data from the phone itself. It is possible to go back and figure out which towers were pinged and at what time the driver was at different points along the road at various times.

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Speak to a McKinney Texting While Driving Truck Accident Attorney

Collisions that occur due to texting while driving could cause severe injury, even more so if the accident involved a tractor-trailer. A texting truck driver could cause irreparable damage If you or a loved one were injured in a truck accident, our attorneys and staff could help your case. You do not need to prove your case alone.

A dedicated McKinney texting while driving truck accident lawyer could gather evidence and prove negligence in court. Call today to learn more about how you may be eligible to seek compensation.

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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.

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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.

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