Driving while talking on a cell phone is a dangerous habit that diverts drivers’ attention away from the road and causes serious car accidents. In order to prove that a cell phone caused an accident, your New York car accident attorney may need to obtain the liable party’s cell phone records.
While obtaining cell phone records may be important to an argument that the defendant was negligent due to distracted driving or that the plaintiff is comparatively at fault, the Supreme Court has made it more difficult to obtain such records in a recent ruling.
The Supreme Court’s Decision
The general rule is that in order for either party in a lawsuit to obtain cell phone records, they must show a good-faith basis that the opposing driver was using a cell phone around the time of the collision.
In its ruling of Riley v. California, the Supreme Court held that the police need a warrant to search cell phone data. The Court did not indicate any intention to overrule other case holdings that a driver does not have a constitutionally protected privacy interest in the numbers he or she dials. However, the Riley ruling has made it considerably more difficult to obtain such records.
The Importance of Obtaining Cell Phone Records
Obtaining cell phone records of opposing drivers may be pivotal in proving that the use of a cell phone was the cause of the accident. Cell phone distraction has become a significant cause of car accidents. Without obtaining the records, it may be difficult to prove fault and provide the injured victims with the monetary compensation they deserve.
If you or a loved one was injured in a car accident that you believe was caused by cell phone distraction, you should consult an experienced New York personal injury lawyer to help you obtain the full extent of the compensation that you are entitled to.
Call Us Today
For more information or to schedule a complimentary consultation with an experienced New York personal injury attorney, call Gersowitz, Libo & Korek, P.C. at 1-800-529-9997.
