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


Asked on 1/07/11, 5:07 am

5 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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.

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Answered on 1/12/11, 5:11 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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.

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Answered on 1/12/11, 6:17 am
Robert Davies The Davies Law Firm, P.A.

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

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Answered on 1/12/11, 7:15 am
Michael Zerres Blume Forte Fried Zerres & Molinari

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.

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Answered on 1/12/11, 9:04 am
Philip Burnham, Esquire Burnham Law Group, LLC.

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.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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Answered on 1/12/11, 9:16 am


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