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Can You Obtain Cell Phone Records to Prove Reckless Driving?

September 30, 2022
Driver with phone

Reckless driving includes any driving behavior that endangers the safety of another road user. Essentially, it’s when a motorist operates their vehicle without regard for other people’s safety. Common reckless driving behaviors include the following:

  • Speeding
  • Driving under the influence of drugs or alcohol
  • Aggressive driving
  • Unsafe lane changes
  • Not yielding the right-of-way
  • Running a yield sign, stop sign, or red light
  • Distracted driving

If you suspect that another driver who was recklessly driving caused the accident that left you injured, you will have to prove fault and liability through various pieces of evidence, such as cell phone records.

How Can I Get The At-Fault Driver’s Cell Phone Records?

It is simply impossible for people to get the cell phone records of other people. The same applies to obtaining dash cam or video surveillance footage. You will need your Queens car accident lawyer to subpoena the cell phone records of the negligent party that caused the crash. Your attorney will investigate the crash, talk to eyewitnesses, review the police report, and obtain documents and other evidence that you can’t get on your own to build a strong case for compensation. Your attorney will likewise deal with the at-fault driver’s insurance claims adjusters and legal team. 

How Cell Phone Records Can Help With Your Car Accident Case

Cell phones generate massive amounts of data. Service providers monitor when subscribers send or respond to texts, receive, or make calls, and connect to the Internet. Cell phones also track and store their own metadata, including what apps you use, when the phone is turned on, when the screen’s active, and all your user inputs.

But service providers cannot willingly give this information to anyone who requests it because of privacy laws. As stated previously, to get an at-fault driver’s cell phone records following a reckless driving accident, your attorney must obtain a court order instructing the service provider to hand over their subscriber’s cell phone records.

Cell phone records can be used to prove that the at-fault driver’s negligent actions caused the crash because they were driving recklessly and using their cell phone. For instance, while the driver may argue that they weren’t using their cell phone during or right after they hit your vehicle, cell phone records can help disprove their claim. They may show that the driver was texting, on a call, using the Internet, or otherwise using their phone when they weren’t supposed to and caused the accident.

Speak to an Experienced Queens Car Accident Lawyer Today

Did you suffer serious injuries in a reckless driving accident in New York? Don’t wait for your medical expenses and lost income to pile up. Get in touch with the Queens car accident lawyer of Lipsig, Shapey, Manus & Moverman right away, so they can start fighting on your behalf to recover the compensation you require to fix your injuries, financial issues, and other accident-related damages.

To set up your complimentary case evaluation with our Queens car accident lawyer, complete our online form or call 212-285-3300.


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