Cellphone records and texting car accident question

[sigtwenty]

My wife was in a car accident tonight. Rear ended by some young Guy. She saw him in the rearview mirror before the accident actually happened (she couldn't move anywhere to avoid it) and he had his dead down.
I suspect text messaging, which, is illegal in Nevada.
does anyone know if a cellphone record is subpeonaed does it show text messages as well?

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[meteck]

don't know, but the phone does keep record.

[sigtwenty]

don't know, but the phone does keep record.

Yea but that can be manipulated by the user.

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[Mayorchuck]

His carrier will have those records. Will show incoming and outgoing text, phone calls, data usage for things like Facebook, etc. Having the phone makes it easier but not necessary.

[clivesay]

For AT&T you just login to your act online and you can see detail for each line.

[sigtwenty]

For AT&T you just login to your act online and you can see detail for each line.
yea, but i dont need HER records, i need the other persons records


His carrier will have those records. Will show incoming and outgoing text, phone calls, data usage for things like Facebook, etc. Having the phone makes it easier but not necessary.

cool...never had to do that before.


worst part it of it, she had the same kind of accident aug 2010 and just settled 5 months ago...time to call back the same lawyer lol.

[jac1d]

Yes, the cell phone company will have a record of the transmission and receipt of texts.

This really pisses me off. I was in traffic here in Vancouver about 3 months ago and a guy driving a 5 ton commercial truck was doing the 30s head down, 2s head up thing. Clearly texting or surfing or something. I meant WTF is that? It is bad enough in a car, but in a commercial 5 ton. You have to be a special kind of a-hole.

That kind of stupid deserves a special sentence.

-Jeff

[clivesay]

yea, but i dont need HER records, i need the other persons records


:lol
LOL, well I know that. Just saying that all the detail is easy to see. Everything is timestamped.

Sorry to hear this, you've been going through your fuel pump issue too.

[clivesay]

Dang double post!!


Yes, the cell phone company will have a record of the transmission and receipt of texts.

This really pisses me off. I was in traffic here in Vancouver about 3 months ago and a guy driving a 5 ton commercial truck was doing the 30s head down, 2s head up thing. Clearly texting or surfing or something. I meant WTF is that? It is bad enough in a car, but in a commercial 5 ton. You have to be a special kind of a-hole.

That kind of stupid deserves a special sentence.

-Jeff

The number of people we see running red lights in my town is really disturbing. I know people who have ridden motorcycles for many years who sold their bikes because distracted drivers have made riding too dangerous.

[sigtwenty]

:lol
LOL, well I know that. Just saying that all the detail is easy to see. Everything is timestamped.

Sorry to hear this, you've been going through your fuel pump issue too.

Yea. Not sure if we will need the records, but it might help with the lawyers sside of things when it comes to the negligence part.
As for the fuel pump thing, the e38 is considered to me in the testing phase before its to go out daily so its basically a recreational non primary use car, so at least that's not hurting us vehicle wise. I expect to keep the BMW in testing phase until may or so, work all the kinks out.


Her car is drivable just looks like someone drove underneath it

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[jac1d]

Dang double post!!



The number of people we see running red lights in my town is really disturbing. I know people who have ridden motorcycles for many years who sold their bikes because distracted drivers have made riding too dangerous.

Did you see the helmet cam footage of the guy that was circulated recently? He was hit by a driver running a red light. It is stomach churning to watch. He seemed to be ok (lucky as hell) but the car driver was totally in the wrong.

-Jeff

[dantheman67]

Why do you want the kid's cell phone record? It's not like there's any question who's at fault with an accident like that. I am against unsafe driving as well and I drive my best when I'm in the BMW but isn't the kid in enough trouble already?

[kouks]

The insurance company will pull the cell phone records. That happened to a friend of mine. His daughter was in a minor fender bender and the ins company asked if they could pull the cell phone records. She was not texting or on the phone so they paid the damages. If she was, or if he refused, they would not cover the costs. Talk to your insurance and they should do the same with this guy. Not sure if you can use it against him in any legal way.

[Sparemaker279]

Cell phone records will be part of the discoverable material, if it gets to that point. Just make sure your lawyer highlights the date and TIME on the incident report, or traffic citation issued to the other party, and the TIME on the cell phone records.

Glad to hear no one was seriously hurt.

[Trasportador]

Not seeing the forest for the trees my friend. No need for the cell phone record if your wife was rear ended. The other driver is at fault, period. Once cops were called, and a report filed, take it up with the insurance companies. If the other driver was the only one to get a ticket, open and shut case.

[audiavant]

Distracted driving is just that regardless of the distraction. Glad your wife wasnt hurt. Kid may be using a cell which isnt registered to him, so "his" cell record would be clean

[sigtwenty]

Why do you want the kid's cell phone record? It's not like there's any question who's at fault with an accident like that. I am against unsafe driving as well and I drive my best when I'm in the BMW but isn't the kid in enough trouble already?


Not seeing the forest for the trees my friend. No need for the cell phone record if your wife was rear ended. The other driver is at fault, period. Once cops were called, and a report filed, take it up with the insurance companies. If the other driver was the only one to get a ticket, open and shut case.

I know that. This is not our first, or second or third rodeo.
but this time, texting and driving is now the big deal out here. They even have check points like duis to see if people are on their phones. Which MAY add to the drivers liability and enhance the level of negligence. I might be way off but it is something to look into because its such a big deal out here as of Jan 1. When I call our lawyer on Monday we will ask if it will matter or not. Sometimes those little things make a little difference. ;)

Oh and cops were never called...our main witness to the accident was a cop, that watched the accident take place LOL.

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[sigtwenty]

Distracted driving is just that regardless of the distraction. Glad your wife wasnt hurt. Kid may be using a cell which isnt registered to him, so "his" cell record would be clean

Yea. But he's probably on his parents policy which means the mother can be listed as well
When my wife got hit in my car a few years back they included me in the lawsuit saying I was negligent in letting her drive my car. Its a normal filing motion and opens up the ability to check up on the other parties involved.

Thanks for your kind comments.

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[Trasportador]

I know that. This is not our first, or second or third rodeo.
but this time, texting and driving is now the big deal out here. They even have check points like duis to see if people are on their phones. Which MAY add to the drivers liability and enhance the level of negligence. I might be way off but it is something to look into because its such a big deal out here as of Jan 1. When I call our lawyer on Monday we will ask if it will matter or not. Sometimes those little things make a little difference. ;)

Oh and cops were never called...our main witness to the accident was a cop, that watched the accident take place LOL.

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So does the court make the insurance company pay out more money to the victim if the purveyor was texting whilst driving? OR does the purveyor receive heavier fines than what otherwise would have been handed down?

[sigtwenty]

So does the court make the insurance company pay out more money to the victim if the purveyor was texting whilst driving? OR does the purveyor receive heavier fines than what otherwise would have been handed down?

Could not tell you to be honest. Its a new law so I haven't heard much about it.

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[rockie118]

In terms of a rear-end collision, at least in Canadian laws, the vehicle at the rear is always 100% at-fault. The fact that his vehicle was moving is undisputed. If her vehicle is completely stopped, it would be 100% at-fault for him. If her vehicle was moving and she hit the vehicle in front, she would be 50% at-fault, but this is not the case for this scenario.

The cellphone records may be used as a source to determine whether or not he was using his cellphone, but the likelyhood of him providing the records or his cellular company providing the records is almost close to no chance. Regardless, that is not the real issue; the real issue is the act of collision.

I hope she is doing fine and good luck towards the civil litigation. =)


So does the court make the insurance company pay out more money to the victim if the purveyor was texting whilst driving? OR does the purveyor receive heavier fines than what otherwise would have been handed down?

In Ontario, the fine is only $155. There is no demerit points associated with the charge, but there is a bill which may encourage the government to impose demerit points in the future.

This is considered a minor, in terms of insurance companies, so it usually doesn't affect the insurance premiums all that much either. Therefore, it almost seems like a slap on the wrist.

[cody3]

It will only matter if you intend to sue the other driver beyond the normal insurance coverage and settlement, and then the phone records can easily be obtained.

[VegasA6]

Her in Nevada everyone is sue happy. Millions of dollars are spent on advertising for this sucha thing. Maybe you been drinkin the koolaid Sig??

Glad your wife wasnt hurt but no need to sue unless you are not taken care of unless there actually is/was an injury that will hinder her for the rest of her life.

With that said, maybe the defendants lawyer would ask why your wife has a history of auto accidents?? Bad driving habits put her into situations that cause accidents then you sue?? Just food for the thought.

[sigtwenty]

Her in Nevada everyone is sue happy. Millions of dollars are spent on advertising for this sucha thing. Maybe you been drinkin the koolaid Sig??

Glad your wife wasnt hurt but no need to sue unless you are not taken care of unless there actually is/was an injury that will hinder her for the rest of her life.

With that said, maybe the defendants lawyer would ask why your wife has a history of auto accidents?? Bad driving habits put her into situations that cause accidents then you sue?? Just food for the thought.


There's a difference between getting hit at the wrong place at the wrong time and hitting others all the time. If the ins carrier wants to ask that, ill direct them to investigate the road she keeps getting hit on, and is forced to use daily and then crawl up ndots rear to fix the problem, which is nothing more than traffic light changes.
There are injuries that need to be addressed.
Were are not out slipping on floors in target looking for a quick Buck and looking to sue, ever see that commerical of his where he is chasing ambulances? www.youtube.com/watch?v=BuD9eZu9wks LOL thats not us.

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