Distracted driving is a real problem in Missouri (and in Greene County). That distraction from a text lasts a lot longer than you think! According to the National Safety Administration, if you are driving fifty-five miles per hour and you take your eyes off the road for just 4.6 seconds, you are driving the entire length of a football field.
If you are involved in a wreck, the insurance companies can always subpoena your phone and get information from your phone and service provider. This information shows the date, time and duration of the call as well as the number called. It includes the time the transfer state, the duration of the transfer and the data transferred.
If you are sued, the injury party may obtain discovery on any matter relevant to the subject matter ( MO Civil Procedure 56.014(b)). It is not uncommon that a person will deny talking on the phone prior to the crash. Actual physical possession of the phone and/or documents that were in the parties’ control at the time can be obtained in a civil lawsuit.
If the party has possession or ownership of the phone, the he is likely to have enough control over it to produce it to produce it in court and in civil lawsuit.
Distracted driving is a problem today because so many people are addicted to their phones and cant seem to put them down. Please, keep in mind, taking your eyes off the road always last longer than you think!
For personalized legal guidance, call our office at 417-882-9300 or submit this form to schedule a meeting with an attorney.