Many states have banned the use of cellphones while driving. There are varying levels of this ban that range from simply not being able to have your phone held in your hand while driving to the entire use of the cell phone outside of an emergency. If you have been in a car accident where you have been labeled at fault for using a cell phone, but you were not using the cell phone, you may be wondering what your options are. This will lead you to going to a car accident attorney, and this is the paperwork you need to bring with you to help prove your case.
One of the easiest ways to prove that you were not using the cell phone at the time of the accident is to have your phone records pulled and printed. Your cell phone company can pull your phone records from a specific day or time frame. If you have the time the accident occurred, then you can show that you were not on the phone at the time of said accident. Keep in mind, you will need to request both phone call and text message records. This will not show if you were on social media or other data based applications, but it can show if you were talking or texting at the time.
If the accident happened at an intersection, you may be able to have the city pull images from the traffic lights or stop areas if cameras are used for driving offences. Most cities have started to employ this method to help with speeding without having a police officer on the scene at all times. The camera is time stamped and images are taken when someone is speeding or an accident occurs. The camera may show you and your car, as well as the other car involved in the accident. This image may show that you were not near or on your phone at the time of the accident. Keep in mind, your car accident attorney may have to have these records pulled for you or to make the request for you.
Proof Through an App
There are many apps that prevent you from using your phone while driving. In fact, some companies have come out with apps that automatically activate when you are driving. If your phone has one of these apps, you can show that it is active and was active at the time of the accident. Some of these apps will show a history that show the times it was active. You can also use the app to show that you can't use the phone or text while it is active.
Your car accident attorney can take this information and build a case for you to show you were not texting while driving. This can help reduce the fines associated with the accident or help clear you as the cause of the accident. There are other questions the attorney may ask, so be prepared to recount the entire accident.