“I was stuck by another driver who was on their cellphone while driving. How do I get the other driver’s cellphone records to prove this?”
Texting while driving is illegal in the state of Florida. And while it is legal to talk and drive on a cellphone in Florida, it can be extremely dangerous and lead to accidents, serious injury or even death. Zimmerman & Frachtman attorneys are experienced in handling car accident cases where distracted driving is the culprit. If you or a loved one have experienced serious injuries or death at the hands of a distracted driver, call the attorneys at Zimmerman & Frachtman for a free consultation to evaluate your case. You may be entitled to lost wages, medical bills, and pain and suffering.
Proving liability in these car accident cases, where catastrophic, life-changing injuries have occurred by a person talking or texting on their cellphone can be difficult to prove. In many cases, proving that another person was texting and driving or talking while driving was the primary cause for the car accident can be very difficult.
Florida Law
Under Florida Law, texting while driving is considered a secondary offense. Which means that drivers must be committing another traffic violation, like speeding or running a stop sign, as a primary offense and then can be ticketed for texting while driving. The troubling news is that as a secondary offense, it’s hard for police officers to enforce. Also, with a culture in the United States of always being connected, it’s hard for drivers to put down their phones and solely concentrate on just driving.
Obtaining Another Driver’s Cellphone Records
Proving that another person talking caused the car accident or texting on their cellphone can be difficult. Insurance Adjusters will want to also know what happened during the accident besides texting or other distractions because these factors could also be a variable in your claim.
Obtaining the other driver’s cellphone records in cases where liability is being questioned is crucial evidence to gather. However, these records are protected under State and Federal privacy acts. In order to obtain another driver’s cellphone records, you will need a subpoena or warrant. You will need a skilled attorney who knows the intricacies of obtaining cellphone records to prove your case. The attorneys at Zimmerman & Frachtman know the complexities of obtaining another driver’s cellphone records. As a crucial point of evidence in a personal injury claim, make sure you have experienced attorneys who can gather this kind of evidence.