How to Find Out if The Other Driver Was Texting and Driving

This video features Gwen-Marie Davis Hicks, a Business Law attorney based in Maryland.

Car Accident Attorney Compares Phone Records, Witness Accounts

Video Transcript:

Rob Rosenthal:

If you think a driver that hit you was texting, how can you prove it? We ask Maryland attorney Gwen-Marie Davis Hicks for this AskTheLawyers™ Quick Question.

Gwen-Marie Davis Hicks:

Yes, there is. You know, one: we check to see if there are other witnesses that can collaborate the story; we can subpoena records from cell phone companies for data usage and things like that. During deposition testimony, obviously, we're going to ask under oath if you're texting; if they say no, and then the subpoena records say something different that's not very helpful. So there's a lot of things that we would do to help collaborate that information in that story.

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