PERSONAL INJURY

Q: I was in a recent car accident when another driver ran a red light. I suspect that he was on his phone. How can I prove that? A: Current cell phone technology may be of assistance in your case. Last month Governor Mike DeWine proposed the Hands-Free Ohio Bill, which would prohibit motorists from watching videos, taking photos or videos, texting, talking, dialing, typing addresses into mapping apps, or nearly any other hands-on function. Drivers would be required to use hands-free technology or accomplish the task while stopped and out of traffic lanes. Under current Ohio law, texting while driving is illegal but it is a secondary offense for adults. This means police must witness another violation to be authorized to pull over the driver. However, it is a primary offense for minors. In regards to your accident, it is essential to obtain records from the other driver’s cell phone carrier to prove that he was on the phone at the time of the accident. Cell phone companies keep two basic types of records: Call Detail Records (CDR) and billing records. The CDR contains information such as the calling phone number, the receiving phone number, the time and date of a call to the second, the duration of a call to the second, and the first and last cell sites used by the phone during a call. Billing records usually only contain calls with the time a call was placed to the minute and the duration to the minute. Phone companies are subject to 18 USC §2703, which requires the companies to maintain their records for 180 days. Most companies will maintain records CDR’s for a year or more, but they will likely keep the billing records longer. Please contact the DiCello Law Firm to further discuss your case.