Understanding Cell Phone Discoverability In Auto Accident Personal Injury Law
Despite all of the conveniences they enable, smartphones can be a huge problem in our daily lives. They can consume our nearly every waking minute, holding the power to divert our attention away from moments that require our focus the most.
The “Put Your Phone Down. Just Drive” campaign was started by The California Office of Traffic Safety to create public awareness and education around the dangers of dialing, texting, or calling on the phone while driving.
Each year in the United States, millions of crashes are caused by distracted driving. Using a mobile device while driving is illegal in California. In civil litigation, vehicle accidents have raised a conflict between the right to discover evidence and the right to privacy when it comes to establishing cell phone use while driving. In Riley v. California, the Supreme Court of The United States unanimously decided to prohibit the warrantless searching of mobile phone data. The court ruled that unless the phone could be used to harm or attack police officers, the individual’s right to privacy was more paramount than the need for law enforcement to discover evidence. Moreover, the defendant’s possession of a mobile device is not enough to convince the courts to permit access to cell phone records.
Disclaimer: This article is for general information purposes only. This article is not legal advice. To speak with a San Diego Personal Injury Attorney, you can give Villasenor Law Offices a call today.
Cell Phone Discoverability Establishes Liability in Personal Injury Law
In personal injury law, why does cell phone discoverability matter?
Car accidents leave many victims severely injured, disabled, traumatized, or even dead. In litigation, liability must be established in order for the courts to decide reasonable compensation in favor of the plaintiff. Proving that the defendant was in violation of state driving laws can be highly effective in establishing liability. In states where using a cell phone during driving is prohibited, the evidence of cell phone use may be valid in establishing negligence.
How Can An Auto Accident Lawyer Help Victims Of Distracted Driving?
The issue of cell phone discoverability is complicated. As a car accident victim, the compensation and reprieve you are entitled to receive depends on several factors. An auto accident lawyer can help you gather sufficient evidence for your lawsuit to convince the courts to decide the ruling in your favor.
Generally speaking, any information that slightly pertains to the lawsuit may be collected for the purpose of discovery, so long as the information is not privileged or confidential. Even if you yourself did not directly see or collect evidence of a cell phone being used during driving, a personal injury lawyer has the expertise and experience to collect evidence through any legally permitted means necessary.
Although the individual’s right to privacy may not prohibit access to cell phone discoverability, personal privacy concerns are a developing and evolving area of the law. There is no exact definition of what is protected under personal privacy.
Lawyers can ask a number of questions during discovery to various parties who were not directly involved in the accident, including witnesses or anyone who may know anything about the incident.
If you were in a car accident, call San Diego Auto Accident Lawyer Christopher Villasenor to help you with your next steps.
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