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1. 

   zenyatta, 4 Nov 2002 @ 7:46am

   
   

   determining whether phone was a factor

   I would imagine that's pretty straightforward: if there was a phone in the car at the time of the accident and a call was being made using that phone when the accident happened then the phone must be considered a contributing factor (few people maintain open phone connections without paying any attention to them whatsoever).

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2. 

   Joe Schmoe, 4 Nov 2002 @ 8:16am

   
   

   Re: determining whether phone was a factor

   All very true, but would require a time intensive, after accident investigation (requesting and checking of call logs) which would have everyone up in arms of privacy issues...

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3. 

   LittleW0lf, 5 Nov 2002 @ 7:41am

   
   

   Re: determining whether phone was a factor

   All very true, but would require a time intensive, after accident investigation (requesting and checking of call logs) which would have everyone up in arms of privacy issues...
   
   Not necessarily, the other person involved in the collision may have witnessed the driver talking on a cell phone before the accident, as well as other witnesses to the crash. That is if witnesses remain at the scene (which always seems to be a problem.) I've been present during the investigation of a crash and have heard officers ask witnesses if either or both of the drivers were talking on the phone, driving eratically, etc.
   
   If a witness or the other driver sees the driver talking on a cell phone, and there is a cell phone in the car, it might be easier to get a warrant for the phone records than otherwise.

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