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Is it possible to prove a driver was on the phone during a crash?

On Behalf of | Aug 31, 2019 | Auto Accidents |

Many Americans cannot go more than a few minutes without checking their smartphones. According to research, Americans between the ages of 18 and 24 send well over 2,000 texts a month, which comes out to 67 texts every day.

Although laws are in place to make people stop texting behind the wheel, plenty of Maryland residents continue to put themselves and others in dangers. You may suspect the driver responsible for your recent car accident texted while driving, and now you have serious injuries. No one would ever admit to texting behind the wheel, but there may be a way for you to prove it to bolster your case.

Law enforcement can issue a subpoena for the phone data

After any car accident, you should contact the police. You should provide your side of the story to the best of your recollection. It is part of law enforcement’s job to determine what led to the collision. They may suspect the other driver was on the phone, but to prove that, they need to lawfully seize the device. They may need a subpoena, search warrant or court order to do so, but it is incredibly effective. They can issue forensic downloads of the smartphone to acquire all records. This tells the police whether the driver sent a text or posted something on social media right before the incident.

They may also seek out testimonial evidence

The police speak to everyone who witnessed the crash. This can include other people in the offender’s car. The driver may not admit to texting and driving, but other people may admit it because they do not want to lie to the police. They may also seek out witnesses around the scene who noticed the driver swerving beforehand. If the accident occurred at night, then people may have seen the glow of the phone on the driver’s face.

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