In today’s world, every truck driver has a cell phone. Drivers use their cell phones to keep in touch with family and friends while they are on the road, to call their dispatcher, or just to entertain themselves during breaks. Your attorney can access the records of the driver’s cell phone’s Call Detail Records by issuing a subpoena to their cell phone carrier.
The Call Detail Records contain valuable information, not only the time and date of each call, but what cell towers were being utilized for the call. With this information, your attorney can plot the approximate location of the truck when the call was made and when the call ended. Why is this important? Drivers are required to keep log books. By matching the data from the Call Detail Records with the driver’s log book your attorney can prove the driver was not where his log book indicated.
This data is also important because the Federal Motor Carrier Safety Regulations prohibit driving while fatigued. Most people need six to eight hours of sleep a night to be alert the next morning. If the trucker was talking on his phone all night, not only can your attorney prove the driver violated hours-of-service regulations but was probably fatigued when the wreck occurred. At Bailey and Oliver Law Firm, we have been shocked when we plotted a driver’s log book with the actual hours the driver was on the road driving. This evidence can mean the difference between a case settling for full value or having to settle for lesser amounts due to lack of proof.
Even though Call Detain Records only prove a rough estimate of the location of the driver when the call was made, this evidence can be critical. In a log book falsification case the cell phone records can be enough to prove your case. If the call tower was in Arkansas and the drivers log book says he was in Tennessee, that is sufficient proof to make a case. At Bailey and Oliver Law firm, we work with seasoned experts who can use the information from the Call Detail Records to prove your case. If you would like more information on how to use Call Detail Records to prove your case, just call us at 479-202-5200.
Bailey & Oliver Law Firm, 3606 W. Southern Hills Blvd., Rogers, AR 72758
(Located just off Pleasant Grove Road in Rogers.)
Trucking Industry Regulations can Impact Accident Cases, May 8, 2014 – http://www.baileyoliverlawfirm.com/news/2014/may/08/trucking-industry-regulations-/
Cellphone Distractions While Driving are on the Rise, June 16, 2015 – http://www.baileyoliverlawfirm.com/news/2015/jun/16/cellphone-distractions-while-d/