Texting While Driving – How do you prove it?   Leave a comment

Texting while driving

Image by mrJasonWeaver via Flickr

Texting while driving is the recent subject of public outrage, but is your lawyer ready to prove that the at-fault driver was inappropriately utilizing their cell phone at the time of the wreck? Perhaps an eye witness can testify to this fact, but those eye witnesses are few and far between.

In order to prove texting while driving, your lawyer must aggressively pursue the preservation and collection of vital electronic evidence. The phone itself that was in use at the time of the wreck will need to be accessed. Additionally, the billing records, call logs and texting logs from the service provider will need to be subpoenaed before they are destroyed in the routine course of the cell phone provider’s business.  The clock settings within the phone will need to be reconciled with that of the investigating officer in order to build a case for texting while driving.

Be sure that your lawyer is familiar with these technological issues and will give your case the attention that it deserves in order to collect and preserve this vital evidence.


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