Personal Injury; Using Your Cell Phone At Accident Scene

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury

A recent BC Supreme Court case hi-lites a creative use of cell phones at an accident scene ; using your phone to photo the accident scene evidence AND obtain a verbal recorded statement from the other driver.
All too often the driver at fault admits their fault at the accident scene, then later denies being at fault once the lawsuit starts. The case involved a plaintiff in a personal injury case who tape recorded a statement from the other driver at the scene, with the other drivers consent, on his cell phone. The driver consented to her voice being recorded, and then admitted fault ; that she was lost, and did a U-turn etc. At trial, her lawyer objected to the admissibility of the statement, and the defendant was changing her story and denying fault.. The judge ruled that the statement was admissible.
So if you are in an accident where someone else is at fault, make sure you consider getting their consent to obtain a verbal taped statement on your cell phone, at the scene. Make sure you also take photos at the scene, including location of where the vehicles stopped, skid marks etc. Make sure you get names of all witnesses as well, even when the other driver admits fault. If they change their story, your cell phone may be a difference in proving who was at fault.
 
For more information on  personal injury or ICBC claims, contact Paul Mitchell,Q.C, at Mitchell@pushormitchell.com or (250) 869-1115.