Cell Phones, Accidents and 911 calls: Why who you call First is Legally Important
A recent case in Central Florida involving Cell phone use tells us that the sequence of calls following an emergency like a car accident is very important. It is human nature to want to report an accident to our loved ones to let them know you have been injured, and to get help. But who you call first may create a very important clue about why the accident happened. And the clue may be misleading.
In Hernandez v Felciano, the plaintiff was rear ended, and called 911. His detailed cell records were obtained and put into evidence at trial. ( A cell company can on request provide the details) The records showed that about the time of the accident, he was on the cell with his family. So the jury was faced with the chicken and egg problem: which came first, the accident or the call to his family? Was he driving erratically because he was on the phone? Based on this skimpy evidence, the jury concluded in Hernandez the plaintiff was at fault and caused himself to be rear ended.
The problem with cell phones is that they can do good: report an accident; or bad: cause an accident.
My recommendations?
- Make sure the first call is to 911 to report the accident. 911 calls are recorded and can be obtained for later with a Public records request for use at trial if necessary.
- However some agencies erase the calls after 30 days so don't dither or dally!
- The time of the call on the 911 call can be compared to your cell phone bill and prove the first call was to report the accident, and then a call was made to your loved ones.
- Get a detailed copy of your cell phone bill and keep it for later.
A "Public records" request under the statute can be made for a copy of the call. I believe a simple email request to the correct call center should be enough to get the relevant call, and it can be mailed to you in a MP3 format. There may be a slight charge, so ask before your send your email.
You still have to know which Call center to send the request to, and that can be found by a simple Google search for "911 Call Centers." The local one in Flagler County, Florida where I practice has some good info on their website. The center's website says the caller's phone location cannot be determined from a cell phone call, and you will need to verbally tell them your exact location so they can send help to you. If the accident happens on the Interstate getting the exact address is a little more of a problem. Many popular Cell phones now have GPS positioning information which most call centers can use to pinpoint a location. To track a person with a cell phone the cell user must have
- the right kind of cell phone;
- be connected to the right network, and
- have the right service
I use an iphone and know I can set it up to allow its location to be found remotely. It must be done beforehand it cannot be found with the GPS function.
So, here is a lot of good info regarding cell phones and using them after an accident and I hope it helps save a life! Even if not lifesaving, it may help you avoid making a legal mistake by failing to call 911 first. If you cannot call because you or your phone have been disabled or lost, may I recommend you ask a Good Samaritan/passerby to call 911 first? And then call your loved ones for you?
