Despite how divided the country might be over certain issues, we all share one thing in common: owning a mobile phone.
According to the most recent statistics from the Pew Research Center, 98% of adults in the U.S. own a cell phone. Of that number, 91% have a smartphone, and we’ve become extremely dependent on those phones.
Whenever we leave the house, at a minimum, we take our keys, wallet, and phone.
Often, we start a conversation on the phone at home and carry it out to the car. That’s when things get complicated. Driving while on the phone increases your risk of a distracted driving accident.
Hopefully, you practice defensive driving behavior and follow New Jersey’s hands-free driving laws.
Unfortunately, not every driver follows the law. If they cause an accident while using their phone, it could prove they were negligent. That would shift the liability to them and allow you to pursue compensation. First, you have to prove that. Can phone records be used in a car accident case? They can and often are, but there are limitations you have to be aware of.
An experienced Cherry Hill distracted driving lawyer can provide valuable insight into how to obtain those records and how to use them to support your claim.
Types of Phone Data That Prove Distracted Driving
If you suspect the driver who caused your accident was using their phone, certain types of phone data could prove they were driving while distracted. These are the phone records that can support your claim:
Call Logs
These records show incoming and outgoing calls and can establish when a conversation began, how long it lasted, and whether it overlapped with the accident.
Keep in mind that call records alone may not show whether the driver was holding the phone or using a hands-free device at the time of the accident, but they can prove the driver was engaged in a call.
Text Message Records
Wireless carrier records may reveal the dates and times text messages were sent or received. Proof of a text sent seconds before a collision may be particularly relevant.
That suggests the driver was interacting with their phone and possibly had their focus pulled off the road.
Social Media and Messaging Activity
One of the many ways that folks use their phones is to post on social media.
Digital forensic examinations may uncover timestamps associated with social media posts, direct messages, and activity on applications such as WhatsApp or Instagram. These records can help establish whether the driver was actively using an application around the time of the accident.
People have also gone “live” on their phones and inadvertently recorded the accident.
Internet Browsing History
Browser history timestamps can show that a driver was searching the internet, viewing websites, or interacting with online content moments before a collision.
GPS and Navigation Data
Location histories and navigation application records could help establish whether the driver was interacting with a mapping application. However, simply having GPS navigation provide directions does not prove distraction.
Photos and Videos
Metadata associated with photographs and videos may identify when media was captured. If a driver recorded a video or took a photograph while operating a vehicle, the timestamp could provide compelling evidence of distraction.
Legal Methods for Obtaining Cell Phone Evidence
In New Jersey, your attorney can use several legal methods to obtain cell phone evidence in distracted driving accident claims. However, several privacy laws restrict access to personal communications. You can’t cast a wide net to get every phone record. All the evidence must be relevant to the collision.
One of the most important tasks your attorney must do is send preservation letters.
This requests that drivers and other parties preserve phone records and electronic data before they are deleted or overwritten. Once your attorney sends this letter, the driver is on notice. If they destroy relevant evidence, it could lead to court sanctions.
In addition to the preservation letter, here are some other steps your attorney can take to obtain relevant evidence:
- Discovery Requests: Under New Jersey Court Rule 4:18-1, attorneys can request relevant electronic records from the opposing driver. Those records can include call logs, text messages, and application activity.
- Subpoenas: To obtain the phone records, your attorney may issue a subpoena to request records from third parties, such as the at-fault driver’s wireless carrier.
- Court Orders: If a driver refuses to provide relevant evidence, your attorney can petition the court to compel disclosure. A judge may allow a limited examination of the driver’s phone while protecting unrelated private information.
- Voluntary Disclosure: Drivers may consent to providing phone records or allowing a limited examination of their devices, potentially avoiding lengthy discovery disputes.
In a claim that involves cell phone data as evidence, it is crucial to act fast to lock it down.
Your attorney can compare this information with police reports, witness statements, and accident timelines to help establish negligence and build a strong case.
Get the Right Legal Protection On Your Side
When you’re involved in an accident, you have a lot to deal with. If you’ve been hurt, you need to seek out medical attention and treatment right away. While you recover, you’ll need to repair or replace your car. That’s another thing to deal with. Then comes the insurance claim.
As the bills pile up, you’ll worry about how to pay them and how to prove the other driver caused the accident. That is when you need to reach out to Folkman Law.
We have been helping New Jersey residents for decades. Our experience with car accident investigations helps us build strong cases for our clients. Once we have that evidence, we can negotiate with the insurance company and work toward a fast, fair resolution.
If you’ve been injured in a car accident and suspect distracted driving caused it, contact our office to schedule a consultation. We can answer your questions about what should happen next.
That is a good way to start.
