When you’re involved in a collision, a personal injury attorney can help prove the other driver’s fault. Doing so often involves the gathering and use of several key pieces of evidence, which may include cell phone records.
A subpoena is an order from the court that often requires the recipient to appear to testify as a witness. In some cases, however, a subpoena may also be used as a request to produce certain documents.
In short, yes: An attorney could subpoena an individual’s cell phone records, and though it is not done in every accident case, it is definitely possible. If a lawyer feels that cell phone records could provide relevant, helpful evidence to substantiate their claims, they can subpoena them.
Nevertheless, Florida law recognizes people’s right to privacy, so the court may be asked to determine whether it is appropriate to allow an attorney to obtain these records as evidence.
Typically, there are two primary reasons for requesting cell phone records.
First, cell phone records can help place an individual at the scene of an accident, which is especially important when a person denies their involvement in a collision. Records could show the individual’s exact location at the time of the accident.
Additionally, the records could help prove that a person is at fault. In Florida, it is illegal for an individual to use their hands to text while driving. Cell phone records could prove the responsible driver was, in fact, using their phone, contributing to the cause of the collision.
If you’ve been involved in a car accident, a personal injury lawyer can help prove the other driver’s liability. The attorneys at Shrader Mendez & O’Connell are ready to assist you, so contact us today at 813-360-1529 to request a consultation.
Posted in Personal Injury
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