by 
The Curious Bag
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A common request of attorneys in car accident cases is for cell phone records of drivers. Cell phone records are compelling evidence in many instances in establishing which driver is to blame for a car accident.
Function
The primary function of cell phone records in a car accident case is to determine whether a driver was using the cell phone at the time of the collision.
Types
Through cell phone records, an attorney is able to tell if the driver was talking or texting while driving, texting considered to be even a greater distraction.
Considerations
In some states or localities, texting or talking on a cell phone (or both) is not only an indication that a driver was not paying attention at the time of a car accident but is against the law.
Effects
The effects of evidence that a driver was talking or texting at the time of a car collision is that she was negligent in the operation of the vehicle by not paying appropriate and reasonable attention to that task.
Expert Insight
A court order is necessary to obtain cell phone records if a driver refuses to voluntarily provide this information.
Source:
"Civil Procedure: Examples & Explanations"; Joseph W. Glannon; 2006
"Evidence"; George Fisher; 2008
Live Science: Drivers on Cell Phones Kill Thousands
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