How to Obtain or Subpoena Cell Phone Records
Especially with miami car accidents (since the problem is so pervasive in miami), I may seek the mobile-phone records of a negligent party, if I believe that texting-while-driving, emailing-while-driving, or even dialing-while-driving (together referred to as “distracted driving”) may have contributed to the car accident that caused my client’s injuries. Previous law blog posts have discussed the type of cell phone forensic examinations conducted and the type of mobile phone information I may be able to obtain.
Through interrogatories, I would request the name and address of the cell phone provider and the number for the mobile phone that was assigned to or used by the defendant driver on the date of the accdient. I would also request the name of the individual (or corporation) that owns the relevant mobile phone account and the name of the individual authorized to make changes to the mobile phone account.
In a request for production, I may request that the defendant (or authorized account holder) sign a cell phone authorization – allowing the cell phone company to send the pertinent records (call, text or data communications made on the date of the accident) to my office.
Below, I have provided the cell-phone-carrier contact information used to send subpoenas or requests for mobile-phone information / cell phone records:
- Verizon Wireless - Cellco Partnership d/b/a Verizon Wireless – ATTN: Custodian of Records | 180 Washington Valley Road, Bedminster, NH 07921
- AT&T Wireless - National Compliance Center – 11760 U.S. Highway 1, Suite 600 | North Palm Beach, FL 33408
- T-Mobile - T-Mobile Wireless Legal Department – 12920 S.E. 38th Street, Bellevue, WA 98006-1350
- Sprint - Sprint Spectrum Corporate Security | ATTN: Subpoena Compliance | 6480 Sprint Parkway, Overland Park, KS 66254
- U.S. Cellular - ATTN: Subpoena Compliance | FAX: 866-669-0894
I may also, preemptively request my own client’s cell phone records to prevent (or anticipate) the same claim being brought against him/her. A signed an notarized authorization to release call-detail records (including info related to data, cell or text communications made or received on the date of the car accident). I will also include a business-records affidavit to for the cell-phone carrier to fill out to prove the authenticity of the provided records.
To opposing counsel (or their representative insurance company, if prior to litigation) we may demand that they preserve and secure:
- any cell phones, computers or other portable electronic devices (such as tablets or iPads) which were in the vehicle at the time of the collision. If the accident involved a commercial truck or 18-wheeler, I would also request that they preserve all records required by the Federal Motor Carrier Safety Regulations (FMCSR), including trip reports, dispatch logs, tracking data, wireless c ommunications of any kind or any other documents pertaining to the truck’s inspection or maintenance.
If you would like to speak to a miami personal-injury attorney, please call 800.379.TEAM and ask for Jason Neufeld or he can be emailed directly at email@example.com.