How Cell Phone Data Is Used in a Personal Injury Claim

Most people carry their cell phones everywhere. As a result, individuals have access to the internet, social media, and text messaging right at their fingertips. In addition, cell phones are known to track your location and every move, and this data can become very useful in various personal injury claims.

What will happen to my cell phone data after an accident?

Depending on the facts and circumstances surrounding your claim, your personal injury lawyer may want to retrieve and preserve the data on your cell phone right away. This is very common in car accident cases, where there may be a possibility that the other driver will argue that you were distracted or speeding at the time of the accident.

To prepare for this argument, your lawyer may order a forensic analysis to ensure that no data is destroyed, tampered with, or lost. During this time, you may be unable to use your cell phone because if the device connects to a network, receives new information, or retrieves new data, the old information and data could be written over, deleted, or lost forever. However, once the forensic analysis is complete, you may be given back your cell phone to do as you wish.

What does a forensic analysis consist of?

Forensic analysis is conducted by an experienced and trained forensic analyst. They will look through your device to determine whether there is any evidence or information that can be retrieved and used as evidence for your case. Some of the information or data that they may be looking for includes:

• Use of social media
• Use of the internet and browsing history
• Call logs and call times
• Text messages and text times
• Emails
• Photos
• Videos
• Recordings
• GPS or geographical information

Why would the defendant’s attorney request my cell phone data?

The defendant’s attorney may request your cell phone data to see if they can find anything that might help their client prove their claim or disprove your claim. Their goal is to find any information that could minimize your claim or throw it out altogether. For example, even if the defendant is determined liable for the accident, their attorney may find that you were scrolling social media right before the crash happened, which could place some of the blame for the accident on you. If you think the opposing team may find data or information that could be used against you, it is crucial to let your attorney know about this as soon as possible. Many people think that they should hide or lie about this, but it is highly recommended that you speak to your lawyer.

What exactly can cell phone data be used to prove?

Cell phone data can be used to establish and prove a variety of aspects of a personal injury claim, such as:

• Whether distracted driving played a role: Distracted driving is one of the most common causes of car accidents. Due to this, legal teams usually want to retrieve and preserve cell phone data to prove whether distracted driving caused an accident. This information can show whether a person was scrolling the internet, sending a text message, reading an email, or using an app while behind the wheel.
• The sequence of events or timeline of the crash: Cell phone data can also help develop a timeline or determine the sequence of events that occurred before a crash. This is because most cell phones have a GPS system, which shows where the driver was and what movements they made before the accident.
• Speed and acceleration of a vehicle: Many people are not aware of this, but cell phones have certain sensors and accelerometers that can help determine the speed and acceleration of a vehicle. Therefore, if there are any questions as to whether a driver was speeding or driving carelessly, this data can be used to debunk or prove it.
• The location of the crash or accident: In some cases, it can be difficult to determine where exactly the crash occurred. For example, the vehicles may have spun out, ran off the road, and ended up miles away from the exact crash scene. When this happens, the cell phone data can determine where exactly the crash or accident happened. It can also show what type of moves an individual made which contributed to the crash.
• The type of weather conditions: Some cell phones record and save data for specific locations. Therefore, cell phone data may be able to help prove whether poor weather conditions played a part in the accident.
• Whether witness testimonies are accurate and factual: Most personal injury cases involve witness testimonies, meaning cell phone data can confirm or disprove these testimonies. For example, if a passenger claims that they saw the light reflecting from the other driver’s cell phone at night, cell phone data may be used to prove whether this testimony is true or false.

Besides car accidents, what other personal injury accidents use cell phone data?

Any type of personal injury accident may involve using cell phone data. Besides car accidents, a few of the most common personal injury cases that use cell phone data in San Antonio are:

• Pedestrian accidents
• Bicycle accidents
• Construction accidents
• Motorcycle accidents
• Trucking accidents
• Workplace accidents

Am I legally required to hand over my cell phone data?

You legally do not have to hand over your cell phone data unless a court order has been filed. Therefore, if an insurance company requests your cell phone data, you technically do not have to agree to provide it. However, refusing to do this could cause delays and prevent your case from receiving a timely response or outcome. Certain laws do state that all information on a cell phone can be searched and retrieved, but even if something is retrieved, that piece of information must be relevant to the case in order to be used in court. This means that the opposing party cannot intrude on the cell phone owner’s privacy and obtain more data than what is needed to prove or support their case.

If you were recently involved in a car accident or another type of personal injury accident, Pat Maloney: Accident & Injury Attorney can help. Most personal injury accident claims involve disputes, disagreements, and conflicting thoughts about what happened. Therefore, your cell phone data may need to be retrieved and preserved to resolve these disputes and disagreements. Our San Antonio personal injury lawyer, Pat Maloney, has the experience to guide you through these claims. Please call our office or submit our contact form to schedule a free case review to get started in San Antonio today.