Can the Police Subpoena Cell Phone Records for an Auto Accident?

You may think that the accident that resulted in your injuries, or killed your loved one, was caused by a distracted driver. You may have even seen the driver talking on a cell phone while driving or texting and driving just prior to the crash.

However, how can you prove it?

One of the easiest, and most persuasive, ways to prove that a driver was using a cell phone at a specific time is to look at the phone records for the mobile phone. Of course, the driver is unlikely to hand the records over willingly. However, in Pennsylvania and many other states the police have the right to subpoena cell phone records after a car accident. Additionally, your traffic accident lawyer may be able to subpoena the cell phone records as part of your distracted driving lawsuit.

Were you hurt in a distracted driving accident? How did you prove that the other driver was distracted by a cell phone? Please leave a comment and let us and, other people facing similar situations, know.