I think the driver that hit me may have been on the cell phone at the time of the accident, is there a way to fnd out if they were? The answer is yes. The cell phone records from the driver who hit you can be obtained by subpoena from their cell phone carrier. Many times when investigating an accident we have found that the other driver was either speaking on the cell phone, or even worse, was texting to someone at the time of the accident. It is very important to check the cell phone records of the driver that hit you to find out what they were doing at the time they hit you. If you think the driver that hit you was on a cell phone or texting at the time of the accident, you should contact a lawyer right away so that a subpeona can be issued to get the cell service records. If you have questions about this or other legal matter, contact the Holton Law Firm, we are here to help.