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I was injured in a New Jersey car accident. I believe the other driver was speeding and using a cell phone, but the police report doesn't mention this. How do I prove this?


A: Unfortunately, police reports do not always accurately describe the cause of an accident, nor do they always include important information such as the names/telephone numbers of eyewitnesses. However, as the plaintiff in a lawsuit, you bear the burden of proof. This means that you will have to produce sufficient evidence of the other driver's negligence, such as cell phone use and/or speeding.

This can be accomplished by producing a witness who is able to testify that he or she saw that the other driver was speeding or using a cell phone. If an accident reconstruction is feasible and economical, it would reveal whether the other car was speeding and whether that was a direct cause of the accident. Issuing a subpoena to obtain cell phone records from the date of the accident can be helpful. Such call data will reveal the date, time and length of a call as well as the number called/received. If there is a question about cell phone use, and the cell phone records show calls made at the time of the accident, the person who was on the phone with the driver may be a critical witness. That witness may very well establish that the driver was using a cell phone at the time of the accident. 

Investigation in car accident cases is best handled by an experienced, knowledgeable car accident lawyer who has a team of experts such as accident reconstructionists and knowledge of how to obtain cell phone records. 

Click here to access our free legal article about New Jersey laws commonly violated in car, truck and pedestrian accidents.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. 

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