Uses of Cell Phone Records in Auto Accidents
- Your cell-phone records can be used against you as proof you were on the phone at the time of the auto accident. Cell phone records will show whether you were talking on the phone or sending a text message. The records could be presented to the jury as proof you were distracted and not paying full attention to your driving, which led to an auto accident.
- Thirty states have adopted distracted-driver laws that include the banning of cell-phone use for making calls or texting while driving a vehicle. Your cell-phone records may be pulled to show you were on the phone or texting at the time of the accident, which may result in you being named as the person responsible for the accident. If you are proven guilty of using a cell phone in a state with these laws, you may also receive a ticket and having to pay fines for the offense.
- There are times when someone may accuse you of using a cell phone, but not have proof you were. If you have been charged with a crime involving use of cell phone at the time of a car accident, you can have your own records pulled to show proof you were not talking or textng on the phone. This can be presented to the police department to have notations of cell-phone use while driving removed from your driving record, or used in court to defend yourself in a civil suit.
- If you were involved in an accident while on the cell phone during work, the plaintiff can sue your place of employment. Because you were conducting business on the phone as required by your employer, he may be liable for the accident and could have to pay for injuries of other parties. You may also have legal cause to sue your employer if talking on the phone was a requirement of fulfilling your job description.