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Are Cell Phone Records Necessary to Prove Fault?

FAQ: I was injured in a car accident in Kingston caused by a driver who was texting while driving. He denies he was texting. How can I get his cell phone records to show that he was texting?

A: In general, it is difficult for a private individual to obtain another person’s cell phone records. Due to privacy laws, members of the general public cannot simply request another person’s cell phone records. Even auto insurance companies cannot obtain a person’s cell phone records when determining fault after a motor vehicle accident.

You may want to file a motor vehicle accident claim/lawsuit against the driver who was texting while driving. However, it is important to note that cell phone records are not always necessary. If cell phone records are necessary to prove fault, they may be obtained in the litigation process through the help of an experienced Ontario car accident lawyer.

Cell Phone Records Not Necessary to Prove Liability

It’s unclear how your car accident in Kingston happened and whether the other driver’s texting was the actual cause of the accident. While it may seem important to obtain the other driver’s cell phone records to show he was in fact using his cell phone immediately before the accident, it may be not be necessary to succeed in a subsequent car accident lawsuit.

For instance, if you were rear-ended by the other driver when he was texting while driving, we wouldn’t need his cell phone records to prove his liability. In general, a driver who hits another car from behind and causes injuries to the driver ahead is at fault under Ontario law. Even if the driver was not texting while driving, he would still be at fault because he hit you from behind. If the driver disputes that he caused the rear-end accident, he must prove that the collision did not occur as a result of his negligence.

If the accident was not a rear-end accident, but an intersection accident, the other driver’s liability can be proven by witness testimony. For example, if you were driving through an intersection and were suddenly side-swiped by a car that ran a red light, other drivers who saw the accident can establish liability by confirming that the other driver ran the red light.

Another way injured drivers can prove that another driver caused the accident is through a police report, which contains information on how the accident happened and any witness statements.

There are times we want to obtain the other driver’s cell phone records after a distracted driving accident in Ontario, but it depends on the facts and circumstances of each accident. It is crucial to speak to a car accident injury lawyer who has experience handling car and truck accident cases involving texting or use of cell phones in Kingston, Ottawa and Whitby. If you would like to discuss your accident and injury, please do not hesitate to call us at 1-866-384-5886 to schedule a FREE consultation.

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

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