Personal Injury Law

Cell Phones: What to Do In Case of an Accident

By Steve Lombardi

What if you're involved in an accident and suspect the other driver was using a cell phone? What should you do? The first thing I would suggest is to remain calm while you plot your strategy. Note the time of the crash. Look at your watch and make a mental note of the time or write it down. That's important because the police may not be there for several minutes or more and remember the police didn't witness the accident so they won't know of the exact time of the crash. Of course later on your lawyer can always get the other driver's cell phone records, but you need to be able to testify of the exact time of the crash. Say the time out loud so any passengers hear you say it.

You'll probably need a witness to the other driver's use of the cell phone so I'd suggest before getting out of the car that you ask any passengers in your car if they saw the other driver using a cell phone. Then, assuming you have a passenger ask them to get out of the car with you while you gently interview the other driver while your witness is within ear shot. Tell you passenger to remain calm and quiet and to listen to everything the other driver is saying, while remaining quiet. I say gently interview because running over to the other car while yelling at the top of your lungs "You stupid fool why you were using a cell phone while driving?" is not likely to get you anywhere. And two people yelling at the other driver isn't going to help so remain quiet and listen. What you want is an admission by the other driver or proof that the other driver was using a cell phone at the exact minute of the crash. If the other driver in front of a witness admits to using the cell phone then get the witnesses contact information along with their name. The witness may not be a passenger and your lawyer will later need to be able to contact the witness to get a recorded statement as to the driver's admission.

If the driver doesn't admit to using the cell phone but you know they were or strongly suspect they were, then when the officer arrives take the officer aside and calmly tell him or her of what you suspect. Ask the officer to request the other driver give the officer their cell phone so the officer can check the last four numbers that were called by the driver or calls the driver received. It's important to get both because you won't know if the driver called or was called. Knowing who they spoke with can lead to knowing what they were talking about which can be pretty good evidence when determining fault.

Let's say the officer declines to ask the other driver for their cell phone. Then again, gently ask the officer if they will at least obtain the other driver's cell phone number as part of the investigation. That information can later be used to determine who they were talking to at the exact time of the wreck.

It's important to always remain calm, cool and collected. Be persistent but not obnoxious. Don't be loud and accusatory, speak in matter-of-fact tones. Be factual not dramatic. And remember there is always the lawyer to fall back on to get what you don't get at the accident scene. Which leads me to one final point: Right after you get back from the hospital emergency room, assuming you need one, find the right lawyer to help you to legally preserve the cell phone information and time connection to the accident. And that is probably another subject we will discuss in the future, the how to guide to trace electronic communications.

Cell Phone Number Reverse Lookup
Cell Phone Numbers
Reverse Cell Phones
Abika and trace source of an email or looking up an IP address.
Online Directory Compiling Cell Phone Numbers - Maybe Even Yours.
Free Reverse Cell Phone Lookup Websites - Do they Exist? This site has a comprehensive list of services offering cell phone number or owner information.
Reverse Cell Lookup Options?

Using Reverse Phone Detective I put in my own and it generally worked. It will cost a few bucks but that's part of the cost to win your case.

Full post as published by Des Moines Personal Injury Lawyer on April 14, 2008 (boomark / email).