While you might think that the act of driving a car while playing a mobile game is incredibly reckless, there are a surprisingly large number of drivers who drive distracted. Gamers sometimes become so engrossed that they may drive in a very reckless manner.
The Dangers of Distracted Driving
The act of operating a mobile device while driving is illegal and highly dangerous. By taking their eyes off the road for even a short span of time, a driver is very likely to end up in an accident. If you are able to prove that the driver was using a mobile device or playing a game while driving, you may be able to us this as evidence that the driver was negligent and that you deserve compensation for your injuries.
How to Determine if the Driver Was Distracted
You might notice that the driver was using their phone to play a game right before the accident. But after the crash, it may be a case of your word against theirs. If another witness sees the driver using their phone, this witness testimony may bolster your case. Fortunately, you may also be able to access the driver's cell phone records through a subpoena.
How to Subpoena Cell Phone Records
A personal injury attorney has the ability to subpoena a cell phone record. However, you will need to file a lawsuit. Even if you file a lawsuit, you will still be able to settle later on. Many settlements occur right before a scheduled trial as a last-ditch effort to stop the trial.
Why a Subpoena is Useful
When the court issues a subpoena, the other party is required to respond to it under threat of criminal prosecution. Otherwise, they might face jail time, fines, and various other consequences. However, you will want to act quickly because these phone logs are not kept for a long time.
The cell phone records will be able to show you the time of the accident by recording when the other driver called the police after the accident. You will be able to see the cell phone activity window, and therefore will be able to determine if the individual was using their cell phone at the time of the accident. This can increase your odds of reaching a settlement or winning your case.
For more information about personal injury law, contact a personal injury lawyer near you.