Virginia law prohibits drivers from holding cell phones while driving (except in an emergency or when the car is stopped or parked). But, as we know, this does not prevent drivers from talking, texting, or scrolling the internet while driving a vehicle. If you are involved in a car accident, you may wonder if the police or the car insurance company can determine if the other driver was on their phone at the time of the accident. The short answer is yes.

If there is reason to believe that distracted driving was a factor in a car accident, police officers in Virginia may:

• Subpoena Phone Records: Law enforcement officers can request phone records through a court order. Under the Electronic Communications Privacy Act (ECPA), police officers can subpoena the phone records of the drivers involved in an accident to determine if a phone call or text message was being made or received at the time of the collision.
• Your lawyer also has the right to obtain the phone records of other drivers involved in a crash if a lawsuit has been filed.
• Examine Phone Data: With a search warrant, law enforcement can directly examine the data on a driver's phone. This can include checking the phone's activity log, such as recent calls, texts, and app usage.
• Witnesses: Police officers may also rely on witness statements and any available surveillance footage that might show the driver using their phone at the time of the accident.

Injured in a Car Accident? We Can Help.
If you were injured in a car accident that was someone else's fault, you deserve justice and compensation. At Ackerman & Falcon, our experienced team protects your rights and fights tirelessly to recover compensation for your losses. Schedule a free consultation online or call us at (703) 288-1400.