Car Accidents: Was the Other Driver on Their Phone?

Injury Lawyers Can Obtain Phone Records to Determine Negligence

Video Transcript:

Leslie Rhode:

What if I suspect a driver was on the phone when they hit me? We ask Mississippi attorney Merrida Coxwell in this AskTheLawyers™ Quick Question.

Merrida Coxwell:

It's hard to pinpoint the exact minute of an accident, but we'll try to pinpoint with some accuracy whether they were on their phone. You know, you can never tell if someone's just looking at their phone unless there are people inside the car and you question those people under oath and they say, “Well, yes. The driver was looking at the phone. Or the driver was texting.” It can be very difficult to tell; sometimes you have to depend on what we call inferences. You make the suggestion based on all the underlying facts that the person was on their phone, and hope that the jury reaches that same conclusion. Sometimes it can be tough.

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