Can You Request Phone Records From the At-Fault Driver?

Today, distracted driving is more prevalent than ever before and poses a considerable hazard to others on the road. These kinds of mishaps can occur even if a driver looks away for a beat to peek at their phone or grab something from the center console. While distracted driving encompasses a variety of actions that influence a driver to take their attention off the road, using your phone is one of the most common distracted driving behaviors that lead to accidents. With over 50,000 drivers sustaining injuries in 2020, proving liability in a distracted driving accident is paramount to obtaining the compensatory damages you deserve for accident-related losses. In order to do so, a skilled car accident lawyer can help you request phone records from the at-fault driver to demonstrate the cause of the accident.

At Eric Ratinoff Law Corp, we have helped countless victims of distracted driving accidents recover millions in settlements and judgments with extensive resources to communicate our clients’ stories. From field expert witness testimony to micro-documentaries, we get to the core of every case. As a highly qualified trial attorney, Eric Ratinoff handles all aspects of your claim so you may focus on what’s important: healing and recovery.

How Requesting Phone Records Can Prove Liability in a Distracted Driving Accident

Distracted driving is a term that encompasses a wide variety of behaviors that describes drivers taking their attention away from operating a motor vehicle safely. According to the National Highway Traffic Safety Administration, there are three types of distraction:

Visual: Taking your eyes off the road. For example, texting and driving.
Manual: Taking your hands off the wheel. For example, eating and driving.
Cognitive: Taking your mind off of driving. For example, having conversations with passengers.

Texting while driving is one of the most dangerous driving habits because it encompasses three types of distraction. To read, write, or send a text, a driver must look from the road, take a hand off the wheel, and focus on messages received or drafted. Fortunately, with the help of a knowledgeable distracted driving accident lawyer, you can prove liability with an extensive investigation into the accident to obtain vital evidence of negligence. One of the most critical pieces of evidence you may obtain with the help of your skilled distracted driving accident lawyer is the phone records of the at-fault driver.

Evaluating the driver’s phone data may give you insight into whether they were using their phone at the time of the collision, including specific details of any texts they were receiving or sending. Your skilled car accident lawyer may subpoena the liable driver’s phone company for the records. This information could be used to prove that they were negligent while driving and caused an accident due to a lack of duty of care.

The following are other ways you may demonstrate that the at-fault driver was distracted at the time of the collision:

Visual Records of the Accident Scene

While obtaining phone records is robust evidence, your claim may be strengthened even further by collecting evidence at the accident scene. Taking photos and videos captures essential details that may be forgotten down the line.

Witness Testimony

Witness testimony may help bolster your claim, especially if the witnesses noticed that the at-fault driver was texting or talking on the phone. Utilizing witness testimony corroborates the cell phone data and visual evidence you already collected. This is a compelling piece of evidence, as third parties tend to be objective and have no stake in the outcome of the claim. Speak with witnesses at the scene and ask for their contact details so your attorney may contact them for a formal account of the accident.

At Eric Ratinoff Law Corp, we understand that texting and driving results in lasting consequences for victims. With one in three teens texting and driving in the US, it is imperative to obtain phone records from the at-fault driver if you suspect distracted driving caused your accident and injuries.

Speak With a Highly Qualified Car Accident Lawyer at Eric Ratinoff Law Corp

At Eric Ratinoff Law Corp, we fight for your rights and advocate for your best interest every step of the way. With 30 years of experience and millions recovered in settlements and judgments for car accident victims, we understand what it takes to effectively build a robust claim for the maximum compensation you deserve.

If you were harmed by a distracted driver in a collision, call our office for a complimentary consultation at (916) 970-9100 or fill out our contact form.