Can they subpoena your cell phone records after an accident?
The answer is yes, but with certain restrictions. Florida law recognizes a right to privacy, and courts are supposed to weigh and balance the competing interests in protecting personal information with the need to discover relevant evidence–evidence that could be critical in determining fault.
In one leading case, the court permitted an expert to inspect the cell phone of a driver killed in a crash with a truck for the nine-hour period immediately surrounding the accident.
Distractions from cell phone use and texting are said to be responsible for as many as one out of every four crashes. Call Detail Records (CDR) can reveal:
– The precise time when a call is placed
– The number placing the call
– The number receiving the call and
– The length of the call
It can also show timestamps on text messages and data reflecting GPS use like google maps or Waze.
Some phone companies will honor a subpoena; others require a court order. A competent attorney should be able to obtain either of these. However, time is of the essence. Federal regulations require the phone companies to maintain the call detail records for 180 days (six months). But upon request, phone companies are required to maintain the data for an additional 90 days. So if cell phone use or text messages appear to be an issue, the request for records should be made as soon as possible.
