The Role of Cell Phone Data in Proving Crash Responsibility

Given our growing dependence upon cell phones, it’s no wonder so many drivers are being asked to hand over their devices in the wake of a contested accident. As we know, all kinds of evidence can easily make or break a complicated car accident case, and modern cellular phones can provide a veritable treasure trove of evidence. Here’s a brief overview of the growing role cell phone data plays in accident investigations and an explanation of how an experienced car accident attorney can help you protect and preserve your rights throughout the discovery process.

Can cell phone data be used in a car accident case?

In a word? Yes. After a crash, investigators and attorneys often turn to cell phone data to help clarify accident details and verify involved parties’ accounts of what happened. Since so much of our lives is contained in these tiny devices, it’s not unusual for cell phone data to actually serve as the “smoking gun” in some disputed cases. Cell phone data can help answer lingering questions about whether a driver was distracted, diverging from their route, or in communication with someone else at the time of a crash. On modern devices, nearly every move we make is logged and accounted for on a cell phone’s operating system, making cell phone records the perfect encapsulation of a driver’s behaviors before, during, and after a crash.

What kinds of cell phone data are used in car accident cases?

Gone are the days of using low-tech cellular devices to make the occasional phone call. Today, the vast majority of Americans own smartphones that they can use to complete a wide variety of day-to-day tasks. In fact, Pew Research data indicates that roughly 91% of Americans own some type of smartphone, and 15% of adults are “smartphone-only” internet users. Subsequently, all kinds of cell phone data can make appearances during a car accident claim. Some examples of data that might play a role in a challenging car accident case include:

• Call logs: These records can confirm whether a driver was on the phone at the time of a crash or if they attempted to call 911 or other emergency services after the collision.
• Text threads: Texting while driving is a common cause of traffic accidents, so it’s very common for investigators to review texting data to determine whether a driver was texting at the time of their crash.
• App/internet activity: Texting isn’t the only smartphone activity that leads to distracted driving. Cell phone data can also show whether someone was using a social media app, interacting with their GPS, or scrolling on a music or podcast app in the moments leading up to an accident.
• Location information: Today’s smartphones are equipped with sophisticated location data that investigators can use to help verify or call into question a driver’s route and position before a crash.
• Voice command or Bluetooth use: In Illinois, it is illegal to physically handle a cellular device while driving. Subsequently, some investigators will look at logs showing voice command use or Bluetooth connectivity to assess whether a driver was adhering to the state’s hands-free law or physically using their device while operating their vehicle.

All of this data can paint a remarkably clear picture of actions and circumstances that preceded a crash. Sometimes, this data can add veracity to a driver’s claims, but other times this data can reveal gaps in a defendant’s story or bring to light potential traffic violations that may negatively impact a case.

Cell phone data in distracted driving cases

If you were involved in a car accident and there’s evidence that you were texting, browsing, or handling your phone for any reason at the time of the crash, insurance companies and opposing attorneys may argue that you should be held fully responsible for the accident. On the flip side, if cell phone data reveals that you were not using your device at the time of the crash, you may find yourself well-positioned to argue against the other party and seek compensation for your losses. Keep in mind that Illinois uses a modified comparative negligence system when assigning fault for accidents, which means you may be entitled to compensation for your losses as long as you were not more than 50% responsible for the crash. This makes it particularly vital for you to disprove any allegations of distracted driving that may lead to your receiving a disproportionate share of the blame.

When cell phone data benefits your case

You don’t necessarily need to be afraid of the story your cell phone data tells. In fact, cell phone records can help you build credibility in the face of baseless claims or conflicting accounts. Here are a few examples of scenarios in which cell phone data can actually help your case:

• It shows you weren’t distracted: If your phone logs reveal no evidence of phone use before the crash, it’ll be easier for you to prove that you did not cause the crash by driving while distracted.
• It proves the other driver was distracted: Your attorney may seek the other driver’s phone records during discovery to determine whether or not they were on their phone prior to the crash.
• It supports your timeline: Cell phones collect oodles of timestamped data that can help confirm what time the crash occurred and how long it had been since one or both drivers used their device.
• It backs up your version of events: Your location data, GPS use, Bluetooth records, and other information can all help investigators piece together how a crash unfolded and add veracity to your testimony.

In short, digital evidence is basically a double-edged sword. While it can be used to dispute your claim or highlight potentially incriminating behaviors, it can also be used to refute legal challenges. In order to most effectively leverage cell phone data in your case, it’s best to partner with an experienced attorney who understands the pivotal role this data can play in clarifying what did (and did not) happen before, during, and after your crash.

What about my privacy?

Many clients come to us with questions about whether opposing counsel is even allowed to access their cell phone data. Crucially, it’s worth noting that while phone data can be vital in a car accident case, it’s still protected under privacy laws. In practice, this means that investigators cannot access your cell phone data without going through the proper legal channels. If you are considering subpoenaing the records of the other party involved in your case, it’s important to act quickly so no evidence gets altered, deleted, or otherwise destroyed. If the subpoena process is taking longer than you’d hoped, you may be able to have your attorney send a formal preservation request asking that no data be tampered with while your case is pending. Once again, it’s important to consult with a car accident attorney who understands the nuances of requesting cell phone data and can help you exercise your rights to the fullest extent under the law.

Final thoughts

Now that you’re aware of how cell phone data factors into car accident disputes, you probably have a clearer sense of how cell phone use can make or break your case. Distracted driving is never a good idea, and if cell phone data shows a party was on their phone before a crash, they may find themselves in a particularly tight spot when it comes to determining liability. On the other hand, you and your attorney might be able to use cell phone records to your benefit. Cell phone data can be just as helpful as it can be harmful during the claim process. If you were injured in a Chicago car accident and have questions or concerns about how cell phone data may play a role in your case, Gainsberg Injury and Accident Lawyers might be able to offer the support you need. Give us a call today or contact us online to schedule a free consultation with a member of our local team, and let’s chat about the best way to handle cell phone data in your car accident case.