As anyone who drives in Mississippi knows, too many people use their phones while they drive. Worse yet, too many accidents are caused by those distracted drivers, often resulting in serious accidents or death. The question is how does one prove that the party that caused your accident was distracted by their phone and that you were not? This may be crucial evidence in your case, and having experienced counsel help you attain your fair share of compensation is critical if you are harmed in a distracted driver auto accident. Barrett Law has the experience to help you through this process. Contact us now at (800) 707-9577.
Data from cell phones may be the critical piece of evidence that proves that the person who injured you in an accident is at fault. In turn, it may also prove that you were not at fault, which is sometimes equally important. Attaining that evidence will require the help of counsel experienced with automobile accidents and interpreting cell phone data.
What is the “Negligence” Standard?
Almost everyone has a cell phone. So you can be assured that if you were injured in a car accident, there is almost guaranteed to bet at least one phone associated with that other car, if not more. Finding out if the driver was using his or her phone at the time of the crash is vital to establishing negligence, which is the legal standard for fault in this sort of incident. “Negligence” means that a person did not meet the standard of care that a reasonable person would adhere to under the circumstances. If a driver was distracted by a cellular phone at the time of the accident, they cannot meet that standard of care and will be found to be negligent.
What Type of Records?
We all get a cell phone bill. While accurate enough for billing purposes, cell phone bills do not have the level of accuracy required for court. They are accurate within a minute, but most accidents are decided based on seconds. Instead, with the help of experienced counsel, you can attain Call Detail Records (CDR), which provide accuracy down to the second. Because you will need to establish that the driver that hit you was distracted at the very moment they impacted with you, filing a subpoena or court order to attain CDR’s will be vital to your case. Determining whether the cell phone company whose records you are trying to see requires a simple subpoena or a court order is important to understand; either way, they can be attained by your attorney.
What Should You Do If You Are Injured By a Distracted Driver?
To best position your case, your attorney needs to start trying to attain cell phone records immediately after your accident. Filing a subpoena or for a court order for the cell phone company’s records and making sure that they are preserved is important, as, like most routine records, cell phone records are usually destroyed or erased on a schedule. So time is of the essence. Preserving this evidence is crucial to proving the other driver’s negligence, so do not hesitate.
Call Barrett Law now, an experienced Mississippi auto accident law firm, to represent you if you were injured or harmed by a distracted driver.
Barrett Law has the experience to take on defense attorneys and insurance companies that are focussed on denying your compensation for the harm you experienced. We are skilled at attaining cell phone evidence and presenting it in a manner to best position your case. Contact us now at (800) 707-9577.
