Legal Question in Personal Injury in United States
My wife and daughter were involved in a motor vehicle accident in New Jersey where we live.
The driver was a 17 yo driver, on a probationary license, rear impacted our car, and never hit his breaks.
Question is can we subpeona his cell phone records to see if he was texting while driving.
Thanks
GP
5 Answers from Attorneys
You probably cannot.
However, if you do what you should do, and get a good lawyer, the lawyer, if he sues, may be able to obtain the records via discovery.
Yes, but it is highly technical procedure which must be done quickly as the records are usually not retained for more than 30-60 days, depending upon the service provider's policies. This is definitely not do-it-yourself. If you don't have one, better lawyer-up pronto.
You need a lawyer, and your lawyer can get this done. Do it fast.
I do not do this work, but I have an attorney that I have known for a long time who can assist you. Call me and I will put you in touch.
Robert Davies, Attorney 201 820 3460
Thank you for your inquiry. It is imperative that you seek legal counsel in order to protect your rights, as that attorney may be able to secure the phone records. In addition, if you've sustained an injury which can be verified by medical diagnosis, you may be able to pursue a personal injury claim. This firm has handled thousands of motor vehicle accident related claims. Please click on my name below for our firm's contact information in New Jersey; and call me or any of our attorneys to discuss your potential claim. I look forward to speaking with you; and we will assist you in whatever way we can.
I agree with all the other responses. Further, if your daughter and wife were injured, they need to set up a claim with your car insurance carrier to get their medical bills paid, and you want to preserve your rights to a make a claim for personal injuries. I would be happy to assit you.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
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