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Practical Tips for Obtaining Defendant's Mobile Phone Record in a Car Accident Injury Suit

Background: Using a mobile phone while driving is inherently unsafe: Now everyone knows that drinking and driving are not safe, but the effect of using a mobile phone while driving can be even more devastating because the use of mobile phones is so extensive when driving. According to the National Security Council's situation chart, the drivers who use mobile phones each year account for almost 25% of all vehicle crashes. In fact, studies have shown that the destructive effects of using the mobile phone while driving the car and driving the public are quite similar. Please see Mobile Drivers and Drunk Drivers Comparison, Human Factors, Vol. 48, No. 2, Summer 2006, pp. 381-391. According to the National Security Council's situation table, unfortunately, 81% of drivers admit to using mobile phones while driving.

When compulsorily using your phone records with your motion, it is important to take the above reference file to the attention of the judge of your motion. It is also crucial that the jury knows what these dangers are, because it will affect how the jury sees the defendant's behavior, even if the defense acknowledges responsibility for the rear-end. It is not enough to justify liability, and the defendant is held responsible for the despicable nature of using the phone while driving. If our company finds that the defendant is using a mobile phone, we will attach a punitive damages claim to the complaint, claiming that this is a derogatory behavior referred to in section 3294 of the Civil Code. If you have a clear fact that there is a mobile phone use, by all means, including punitive damages against the original complaint, so you will not be forced to propose amendments to your complaint to claim punitive damages.

Don't Time Out: It is important to recognize the defendant's critical defense and immediately neutralize the defense: timing. From the time you first notice your deposit, it usually takes 6 months or more to get your mobile records until you have records in your hands. In most aspects of the personal injury case, the defender will try to delay and delay the case until the time of trial, and found that the case has been closed, the plaintiff has left a loophole in the case. This is especially true for cell phone records. The defendant will claim to have forgotten his cell phone number and the name of his cell phone. He will claim to have lost his cell phone record. Mobile phone operators will also throw roadblocks. In most cases, the judge will not allow you to obtain cell phone records from the carrier until you prove that the due diligence obtained the defendant's own record.

As you will see in this article and related follow-up articles, seek written documents, written findings, meeting and authorisation letters, defender's response to changes, and more letter of the meeting and the final mandatory motion to seek these documents. It is a long process. If you don’t lay the groundwork or act too quickly, find that the judge will deny your motion. So be sure to add enough time to complete the entire process in your discovery plan. Convincing cell phone records are like baking cakes; you must build one layer at a time.

Also, keep in mind that if you want to modify your complaint to claim punitive damages, Section 3.1324 of the California Court Rules will require you to prove that your reasons for the motion have not been advanced. Due to the lack of diligent intent to amend the complaint to claim punitive damages in accordance with Article 3294 of the Civil Code, please do not evade the defense easily.

Start Now Hunting: Finding Signs Regarding Use of Mobile Phones The defense part of the case was very early in the case. Start with your customers. In your meal questionnaire, include questions about the use of mobile phones by your customers and the defense.

If your client knows that the defendant is using their cell phone, your client will usually tell you because most people now realize that using the cell phone while driving is mean, especially if the defendant does not use the cell phone in a hands-free manner. If your customer does not mention the use of the mobile phone, be sure to ask your customer about the use of the mobile phone, just as you would be shielded from drinking and driving, because as mentioned above, the mobile phone is a new drunk driving and can change the entire We will see the process of litigation. Insurance companies are willing to give up their liability, and their insured’s use of their cell phone is earlier than their treatment of drunk driving cases when a collision occurs.

Occasionally, customers will see the defendants on their mobile phones eg, minutes before the incident. If they pass the defendant and are later arrested by the defendant, first explore the customer's memory so that they can see the defendant for the first time. Then think about whether they see any sign of the defendant using the phone.

After talking with customers, consider other sources of information about collisions. Of course, look at the police report and see if the rapporteur notices the use of the cell phone. Contact all the witnesses listed in the report to see if they noticed the defendant using the phone. Be sure to ask your clients and witnesses if they see the accused appear to be talking to themselves because even if the hands-free driving is distracting, the above study shows that even in the hands-free situation, the driver's response time will be reduced. It's as if they saw the defendant gesturing while driving, because many people would use their hands when they called.

Even if your clients and witnesses cannot explain that they saw direct evidence of the use of the phone, for example, as a defendant holding a headset or talking to anyone while driving alone, it can be inferred that the defendant did not have a reasonable story to explain their strange driving behavior of the mobile phone Usage. For example, if your customer sees the car approaching from behind, and the speed is slowing down, your customer may not have time to focus on the driver before the impact, but the fact that the driver does not slow down means that the driver is distracted symbols of. Braiding is of course another example of distracted driving, as is the strange change in speed. You need all these facts to convince the judge to find that there are signs that the driver is distracted before the judge asks you to force the defendant's cell phone to record.

Prosecute early: If you see a flag that says distracted driving, immediately. You need to start the investigation process immediately through formal discovery, because insurance companies will fight this discovery's battles and nails because they realize that the public is disgusted with distracted driving, and distracted driving will open the insured’s personal assets and cause conflicts. . Of course, it is this conflict that is created for your customers to use a suitable solution.

If you see signs that indicate distracted driving, consider providing a deposit notice to the defendant 20 days after the service according to Article 2025.210(b) of the California Civil Procedure Code, the relevant part of which is as follows: [19659002] 2025.210 (b) The plaintiff may, within 20 days, submit a deposit notice after the defendant has served the summons or appear in court without the permission of the court. With or without notice, the court may grant the plaintiff's permission for the good reasons shown to serve the deposit notice on an earlier date.

The prevailing view is that you should ask for answers in the form of a postal service after receiving the defendant's e-mail, but this is the "common sense" that you should avoid in this situation. You want to send a different signal to the defense, and they should not expect you to be "normal" in any aspect of this situation. It will also send a signal to the defense that you will not allow them to enjoy their main defensive tactics, namely stall and delay. This practice also allows you to contact the defendant before the defense mediator and defense lawyer have more time to help the defendant to make false testimony. In rushing to prepare the answer, the defense may not have time to screen the defendant for using the cell phone, so the defendant may not need to squash his cell phone usage

in complaints and subpoenas, fax and post defense defenses to let them know that the service has taken effect, and Let them know that you want to respond to the complaint in a timely manner. Then send a deposit notice, then fax and mail another letter saying that you want the defendant to appear on the registration date. Make sure you give yourself enough time to actually get a deposit notification. A 20-day notice is required for section 2025.270(a) of the Code of Civil Procedure

A defense attorney may call you to say that their schedule is in conflict, but you should be polite and insist that the defendant submit testimony in advance. When the defense counsel asked what the rush was, tell them that the plaintiff's job was to move the ball, and the defense should expect to continue this pace throughout the case. Of course, of course not to talk about your interest in discovering the use of your mobile phone at this time. Defenders will not understand why you pushed the case so quickly, which will prompt them to question their assumptions of “normal” in the case, including their “usual” assessment of the value of the final case.

The peeking letter, hidden in the normal view: You will want to include the requirements of the duckes tecum in your deposit notice. In this demand, you will want to request mobile phone records. Unless you have alleged punitive damages in your complaint, you must bury the request for cell phone records in the middle of demand after the usual plaintiff and witness’s photographs and statements, etc. In this case, the use of mobile phones. It will be frontiers and centers. Please be sure to provide a set of silent summons, standard requirements for document production, a series of specially prepared inquiries (if you need one) and enrolment requirements together with the form. All these documents can be served at any time within 10 days after the defendant has served the summons. See C.C.P. 2030.020, 2031.020 and 2030.020, respectively.

It is important to serve a series of standard admission requirements as well as instructions and other documents. The applicant’s application should of course require the defendant to acknowledge the facts of responsibility from the client and should require them to acknowledge the fact that the defendant was at fault for causing a collision. This is especially true if the case is a latecomer, as the defense lawyer will oppose the motion to force mobile records, because the mobile phone does not matter in the event of a rear-end. When the defendant refuses to acknowledge the responsibility of the request, because they inevitably do so, you now have ammunition that can prove responsibility to the discovery judge that the liability is controversial, so the cell phone record will lead to faults.

Thoroughly placing the defendant on how to collide: If you find one of the flags of distracted driving, the defendant will not normally allow the use of the mobile phone. You need to lay the groundwork for unstable driving. Be sure to begin deposition with a good attitude towards the spokesperson. Do not let them know that you will press them in a later record because they will become defensive and they will not give you the key facts that provide the basis for spreading the driving logo

Defendants will usually admit that they have caught customers The end, if so, but they will cover up the facts that have caused the impact. You will definitely ask them when they found out that your customers have stopped and what they did to avoid collisions. You can ask them questions about the import, such as "Sounds like you're a bit distracted" or "Sounds like your attention is slightly off the road." Then ask them if the windows in the car are rolled up or rolled up. Ask if their radio is playing. Ask them if they are having difficulty keeping the vehicle in the driveway.

Then asked if they use the phone in a collision. If they refuse, ask them when they used their cell phones before the collision. Ask them where to save the phone. Is it attached to the belt? Is it in a wallet or brief case? If there are other passengers in the defendant's vehicle, please be sure to set their testimony for a period of time immediately after the defendant's deposit, so that the defendant can determine that his manufacturing may contradict other sworn testimony.

Demand for sample investigations in commercial driving cases: You can expect defendants to evade cases when they avoid them. It is not uncommon for defendants to say that they do not remember their mobile phone number or the name of their mobile operator! If this is the case, you need to make sure that you have requested that the collision report and bill of lading apply to the goods delivered by the defendant in case the driver’s mobile phone number exists. The following are some of the languages ​​covering these projects:

All written collision reports on subject colliding prepared by defendant Donald T. Driver.

Time schedule of all drivers, log book (regardless of form) All drivers use the tractor truck's use and mileage 72 hours before the main collision.

Do not think that the defense lawyer will oppose the crash report prepared by the driver. It may be because defense lawyers need to use crash reports to refresh driver's memories, so they may abandon the collision report, instead of arguing that the driver provided the lawyer for the driver – the customer communication is the insurance adjuster to prepare the lawsuit.

Example language for special query language for seeking defendant's cell phone information: If the defendant claims in the testimony that they had forgotten their cell phone number or the carrier's name, a specially prepared inquiry is required to elicit the information. The following are some sample questions:

describes the names of all mobile phone companies used by defendant Donald T. Driver on the date of the subject matter of this lawsuit.

states that the name of any mobile phone company and defendant Donald T. Driver signed a mobile phone service contract on the day of this litigation.

Description of the mobile phone number of any of the defendant Donald T. The driver has an active service on the date of the main event

Description Provides for each mobile phone number provided by the defendant Donald T. Driver on the day of the subject's service The name of the service's mobile phone carrier event

describes the mobile phone number of any mobile phone provided by its employer to the defendant Donald T. Driver on the day of the incident.

Description Mobile phone carrie name r for defendant Donald T. Driver providing service for each mobile phone number provided to the defendant on the same day

Defendant Donald T. Driver accused Donald T. Driver of using mobile phone on the subject Does driving indicate a collision when it occurs?

Defendant Donald T. Driver uses a mobile phone for voice communication during a main collision?

Defendant Donald T.'s driver uses a mobile phone for text communications during a main collision?

Defendant Donald T. driver used a mobile phone for any purpose during a main collision?

Defendant Donald T. driver used a mobile phone for any purpose. What was the time before the last major collision occurred?

Recognizing the Donald T. Driver, the defendant, through the mobile phone who last talked to him before the main collision?

In these inquiries, "identification" refers to providing the name, the ad dress, and the telephone number of the person to be identified.

Example language for requesting mobile phone records: The following are examples of languages ​​that can be used to request phone records. It must include narrow collision time issues and broader issues so that the defense does not say that they do not have an accurate record. Remember that defendants usually say that they do not possess, keep and control the required records. The main purpose of your application for these records is to prove to the discovery judge that it is necessary to force the defendant to sign a record release, because then the defendant will answer these questions and say that they do not have records. In most cases, the only custodian of the record will be the carrier, but you must first ask these questions before setting up the defendant.

Formulate all mobile phone service delivery contracts with defendant Donald T. Driver and any mobile phone operators that are effective in the event of a collision

Defend Donald T. Driver's employer and any move to defendant Donald's services A mobile phone service delivery contract signed between telephone operators T. The driver is effectively used in the event of a collision

Making any and all bills to manage the accused Donald T. driver's response to the mobile phone service for mobile phone services The defendant The possession, custody, or control of the goods takes effect within the billing period of the service date of May 1, 2008 [insert the date of your subject collision]

Generating any and all billing statements g 10 am to 2 pm Use of mobile by the defendant Donald T. Driver On the day of the main collision of the telephone service

you will have to customize the above language to suit your case. For example, if the collision occurred at 12 noon, you will want to return to 10 am and forward to 2 pm. Make sure you get the data of the subject phone in case the collision time of the two sides or the police reported a bit off.

Conclusion: Acquiring a cell phone record in a car may be a long process accidental lawsuit, and it is time to begin: You can count on defendants and defense lawyers to fight teeth and nails to prevent you from accessing the required mobile phone records. Hunting begins as soon as possible, otherwise you will find that your findings do not have your records, or there is not enough time to modify your complaint to punish punitive damages.

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