South Florida Injury Lawyer Blawg
Unfortunately, many people throughout Florida and the United States engage in distracted driving every year by using their cellphones when they are behind the wheel. Despite texting and driving being illegal in the state of Florida, it continues to be a huge problem throughout the state. If you or someone you know has been hurt in an automobile accident, an experienced Miami injury lawyer can help assess the merits of your case and inform you of your options.
When a cell phone is the potential cause of an accident, it is common for parties to request cell phone records. In Antico v. Sindt Trucking, Inc., the court addressed the question of when a party asks to examine the content of the phone.
The facts of the case are as follows. The case was a wrongful death action brought by the widower and personal representative of the estate of a woman who was killed in a truck accident. The defendants alleged that the decedent was partially at fault because she was on her iPhone at the time of the accident. The plaintiffs objected, using privacy rights under the state constitution as the basis for their objection. Continue Reading ›