Distracted driving claims are on the rise. With the increased use of portable and hand-held devices, it comes as no surprise to see more states instituting bans and fines for the use of phones to talk or text while driving. Distraction.gov reports that approximately 424,000 people were injured and 3,154 people killed in distracted driving accidents in 2013.
Proving that a cell phone caused a distracted driving incident can be challenging, but often times a trail of electronic evidence can lead to results. Defendants often deny texting or talking at the time of the crash and certainly will not be willing to offer up their personal cell phone records. Further, this information would not include areas of modern smart phone usage such as whether the user accessed the internet, sent email messages or posted via social media websites. Even if using an electronic device while driving is not illegal in the state where the accident occurred (such as Florida), liability and negligence can still be proven with phone records to demonstrate usage as a distraction and it is better to contact lawyers from Goldberg Finnegan serving Silver Springs when you are facing this crisis .
Personal injury lawyers may be able to obtain cell data in certain situations to determine whether a person alleged of causing an accident was talking, texting or otherwise using their phones while driving. The mere fact you possess a phone is not enough to entitle someone to discovery of the other person’s cell phone records. Typically, gaining access requires a subpoena or some other form of authorization allowing you to do so, and a request for production by an attorney must specify electronic data. Privacy is another issue you will face when attempting to collect data information and there are several acts designed to protect individuals when it comes to releasing any details about their personal electronic communications.
Evidence of a driver using a cell phone at the time of an accident may be provided by other sources, such as witness testimony. Once access is granted to the defendant’s communications, a certified forensic expert can assist your lawyer in analyzing the electronic files as well as any internet activity pertinent to your case. Capturing the activities that took place on the mobile device is key to creating a record of internet or cell data usage and how it relates to the timing of the accident.
Working with an experienced personal injury attorney who understands the various nuances of collecting mobile device data will help determine if this is a possibility in your personal injury case. Obtaining electronic evidence in a distracted driving case can be accomplished, and you should contact your lawyer to discuss whether this option is available to you. For questions on the content of this article, contact TJ Grimaldi at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
