Can I Find Out if the Other Driver Was Texting and Driving?

Denver Car Accident Attorney Investigates Distracted Driving Claims

Video Transcript:

Rob Rosenthal:

Can a lawyer find out if a driver who hit you was texting while driving? We asked Denver attorney Brian MacKenzie in this AskTheLawyers™ Quick Question.

Brian MacKenzie:

Well, the best way for a lawyer to find out if a person was texting while driving is to subpoena the cell phone records of the at-fault driver. We do that all the time to make sure that they weren't texting while they were driving. A lot of times people won't be honest at the scene about what they were doing at the time of the crash, and therefore you have to go through other methods to confirm that they weren't actually on their phone and texting and not paying attention to the road.

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