Hit By a Distracted Driver? How Cell Phone Data Can Win Your Auto Accident Case

Auto accidents involving distracted driver’s are becoming increasingly common as smartphone usage continues to skyrocket. People behind the wheel may not realize how those few seconds of dopamine they receive from checking their phones could be risking the lives of motorists and pedestrians around them. If you were the victim of such an accident, you may be furious with the driver who put you in harm’s way.

Seeking compensation could give you a small amount of peace of mind and help you begin moving forward after this devastating event. With the help of cell phone data from the at-fault motorist, you can build a strong case clearly showing the defendant’s negligence and recklessness.

How Can Cell Phone Data Aid Your Distracted Driving Case?

If there is any disagreement about how your distracted driver auto accident happened or who was at fault, cell phone data could paint a clearer picture of the seconds before the crash. It might show that the other motorist was actively using their phone when the collision happened, indicating that their attention was not on the road and that they likely caused or at least contributed to the accident.

The Florida Statutes allow law enforcement to issue citations to those who are texting while driving. According to the Statutes, a person may not operate a vehicle while typing into a wireless communications device.

While this law specifically addresses texting and driving and not other forms of smartphone use, such as scrolling through a playlist or adjusting the GPS, it goes to show just how dangerous using a phone while driving can be. Even if the motorist was not actively texting and driving, you may be able to use their data as evidence in your civil case against them to prove that their negligence caused your accident.

The Process of Acquiring Cell Phone Data From the Defendant

Cell phone data could be valuable evidence in your distracted driver auto accident case, but acquiring this information may take some time. Consumers have a right to privacy, and their cell phone activity isn’t public record. Your attorney will likely need a court order to secure this data. The police may also be interested in it if they want to charge the driver with distracted driving.

The driver’s cell phone company can pull a wide range of data about their activity before the crash, such as:

Incoming and outgoing text messages and calls
The duration of calls
Timestamps of when the motorist last visited an app
The driver’s location at a given time

These details can help determine whether the driver was using their device when the accident occurred. Because sensitive data like text message content is not needed to prove liability, the company may redact this information.

Other Evidence of Distracted Driving To Consider

While cell phone data could serve as excellent evidence in distracted driver auto accident cases, it is not always obtainable. Your attorney may want to focus on other types of evidence to show the driver’s inattention, such as witness statements or testimony from accident reconstructionists.

Dashcam footage and photos of the accident scene can also show that the driver is the one who struck you, not the other way around. This may be all you need to prove negligence and secure compensation.

Let Us Help You Strengthen Your Auto Accident Case

At Warner & Fitzmartin, PLLC, we represent accident victims seeking compensation. Let us help you seek cell phone data to support your distracted driver auto accident claim.