How to Prove the Other Driver was Texting

Texas Car Accident Attorney Investigates Cell Phone Records

Video Transcript:

Rob Rosenthal:

Can you prove someone in an accident was texting and driving? We ask Texas attorney Justin Smith in this AskTheLawyers™ Quick Question.

Justin Smith:

So, one of the first things we do is when a lawsuit gets on file, we send out written discovery. A written question that I always ask is for the defendant’s and the driver’s telephone information. You know, who is their wireless carrier? What's the number? What's the name on the account? And then what we do is we send what are called depositions on written questions with the subpoena to the carrier for that number, for the dates and time that the wreck occurred, and we'll get the information from the carrier as to was that person on the phone either talking, or were there texts that were coming in and leaving from that phone at the time when the wreck happened.

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