On a mobile phone in an accident?

I was a passanger in a car hit by a drunk (and no license) driver. Just got a copy of the letter being sent and read an interesting section. (i'll shorten them).

In all cases where liability is at issue:

Proof of damage to defendants van.
MOT certificate.
Maintenance records where van defect is alleged by defendant.
Mobile phone records of the defendants driver covering the time of and surrounding the accident.

Interesting. Now this is part of the standard disclosure list so am I right in thinking that records can be asked for during the time surrounding the crash? I dont think this bloke was on the phone, but if in an accident and the other person is on the phone, can this be looked into?

I'm guessing, but as it's now illegal to drive whilst using a mobile then they can ask for phone records to prove/disprove it.
Damn good thing too I feel.

Makes potentially one more thing to add to the list of details to get if you are unlucky enough to be involved in an accident - the mobile number of the phone the person actually has with them at the time (if you know they've got one sorta thing).

[Biker Biggles]

Not quite the same,but when my lad was knocked off his scooter by a bus,it turned out that the bus driver produced a "witness" about 45 minutes after the incident who no one else had seen to be there at the time.I told the cop on scene what I thought of it and asked if the bus drivers mobile phone records could be checked re a "perverting the couse of justice"issue.He said indeed they could be.
It never got persued as liability was admitted eventually.

[Bluepete]

As a traffic Cop, if I can, I try to search the phones of people involved in RTC's if one alleges phone use. I don't have a legal power to do so without consent, I just ask and have a winning smile!

To get a phone analysed costs the job (as of the last time I did one) £96,00 plus VAT. It will take about three months to get a result.

The problem is, many people have more than one phone, and unless the emergency services took a call from them (all nos. automatically recorded on 999 system) there is no way to say whether a person even owns a phone.

Imagine the scenario; Person involved in RTC at fault 'cos of phone use. Person at fault never uses it to call EMS and gets the request to produce phone records. Now how to prove they even own a phone and if they do produce a record, is it their phone? Mine is in my wifes name 'cos it was a present. She *could* produce that record if the scenario was hers couldn't she?

Virtually impossible to prove that phone use caused the collision, only if witnesses say "He/She was on the phone" and the record shows use at the time.

So what happens when your records show you were on the phone at the point of impact, but it was on a bluetooth connection via radio, or handsfree...

or what happens if you were using someone elses phone...........
or if you phone had rang a number while in your bag/pocket and had been leaving an answerphone message....
sounds a bit stupid to me

[Bluepete]

It is very silly and difficult to deal with. Plowsie, as far as I know, the record only show use of the phone, not how it was used. Pencil, That's exactly what I mean about other peoples phones, and I got rid of a Sony Ericsson 'cos it phoned people all the time from my pocket!

Fraught with difficulty, pain in the brown eye, hard to prove.

[quote=BluePete;1387250]Mine is in my wifes name 'cos it was a present. quote]

OMG you are a Traffic cop and you have a wife???

[Richie]

[quote=Mrs Blue Pete;1387399]

Originally Posted by BluePete

Mine is in my wifes name 'cos it was a present. quote]

OMG you are a Traffic cop and you have a wife???

Hi and Welcome,
I've slept with your Husband once... and I pity you. coming in at all times... and yes he was on top too.
was slightly disappointed he didn't use the cuffs though...

Originally Posted by pencil shavings

or what happens if you were using someone elses phone...........
or if you phone had rang a number while in your bag/pocket and had been leaving an answerphone message....
sounds a bit stupid to me

Or just to chuck another scenario into the melting pot ...

How about your phone rings, and you ask your passenger to take the call?!

As Pete says, even if you get the phone records, unless you have corroborating witness statements to the fact, it would be very hard to prove that the driver was actually the one using the phone illegally before/during the RTA