A pedestrian died from injuries sustained in a collision with a car. The administratrix, or person in charge of the pedestrian’s estate after his death, and her attorney created an accident reconstruction model according to a July 23, 2014 New York Law Journal article. According to this model, the driver of the car should have had five seconds to notice there was a pedestrian in the road. If that model was correct, then the driver should have had enough time to react and stop the car. However, an accident still occurred.

As a result of this model, the adminstratix thought that perhaps the driver was distracted while driving. Perhaps this distraction lead to her son’s death, and perhaps the driver was on his cell phone. In New York State, as well as many other states around the country, driving while using one’s phone—whether for talking, texting or browsing the web—is illegal. As a result, the woman suing for the accident asked to have the driver’s cellphone records released.

The defense argued against releasing the records. The defense said the argument for providing the records was a very weak argument because it was far-fetched. The results of an accident simulation model are not always accurate, and even if the driver had been distracted, there was no evidence to suspect mobile phone usage.

The judge agreed with the defense in this case, stating the cell phone usage assumption was a “substantial leap” in thought given the circumstances. Consequently, the administratix did not receive the phone records.

Jayson Lutzky is a Bronx, NY personal injury attorney who represents victims of accidents, whether they were at work or not. The attorney has over 31 years of legal experience and has recovered millions over the years for his clients. He offers free in person consultations. If you have been seriously injured, then home or hospital visits are available. Call 718-514-6619 to set up a confidential appointment or visit www.MyNewYorkCityLawyer.com for more information.