Can Cell Phone Data Be Used as Evidence?

Cell phone data can be crucial if you are ever injured in an accident, and it may come as no surprise to learn that cell phone data can be very helpful in personal injury cases.

How is cell phone data used after an accident or injury in Vancouver, WA?

Cell phone data can be used in various ways after an accident or injury, and a Vancouver, WA, car accident lawyer can assist with your case. For example, it can be used to determine liability, to show that negligence existed, to prove where the accident took place, to debunk or confirm a party’s arguments or claims, and more. Below are some ways that cell phone data is used after an accident or injury.

Revealing the sequence of events before the accident

One of the most important reasons for using cell phone data in a personal injury accident is to reveal the sequence of events before the accident happened. This means that your cell phone data could be used to develop a timeline and to determine what exactly happened to cause the accident. For example, if you were in a car accident, cell phone data can be used to pinpoint where you were traveling, where the accident happened, if illegal actions occurred, and more. Cell phone data can help prove whether a party or eyewitness is honest.

Establishing negligence in the accident

Negligence is a required component that must be proven for a personal injury claim to succeed. Attorneys can use cell phone data to show that a driver involved in the crash was texting or talking on the phone before the accident occurred, they may be able to request cell phone data to back up and support their claims.

Proving if a party involved is being honest

Cell phone data can help prove whether a party or eyewitness is being truthful and honest. This is possible because the insurance company or court can compare the arguments the party or eyewitness provided with the actual data recorded and retrieved from the cell phone.

Examining the communication after the accident

It is also not unusual for text messages, emails, and social media posts to be examined to determine the communication from both parties after the accident. For example, if one party gives an apology or acts guilty on a Facebook post or in a text message, this can provide valuable insight into the accident and even be used as an admission of guilt.

Cell phone data is most commonly used in car accident cases, but it can also be used in many other types of personal injury cases, including motorcycle accidents, bicycle accidents, pedestrian accidents, workplace accidents, and more.

What data or information might be obtained from my cell phone for a personal injury case?

A forensic analyst will likely look at various types of data and information that could be considered relevant and used to support or disprove specific arguments in your claim, including the following:

• Photos
• Videos
• Call logs
• Text messages
• GPS tracking
• Emails
• Social media activity
• Calendar information
• Audio recordings
• Browser history
• App usage

Tips on how to ensure that your cell phone data does not negatively affect your claim

If you are ever involved in a personal injury accident, there is a strong possibility that the opposing team will want to retrieve and obtain your cell phone data. To make sure that your cell phone data does not negatively affect your claim, you should consider following these tips:

Stay off your cell phone any time you are behind the wheel, riding a bicycle, or walking

Any time you are driving a vehicle, riding a bicycle, or even walking, you should stay off your cell phone. Cell phone data is heavily used to show instances of distraction in these types of cases. Therefore, to avoid being accused of acting negligently or contributing to an accident, it is a good idea to put your and your passengers’ safety first and stay off your cell phone.

Take a break from social media following an accident

You may be tempted to run to social media and vent about what happened immediately after an accident. However, the defendant’s insurance company and legal team are aware of this and are prepared to use your social media accounts against you. It is best to take a break from social media to prevent this from happening.

Do not talk about the accident with friends and family

Friends and family will likely check in on you following an accident. However, it is advisable to be very careful about what you say regarding the accident as these communication methods can easily be retrieved to find information and use it against you. Instead, avoid talking about your accident so that nothing you say can be misinterpreted as an admission of fault.

Talk to a lawyer to protect your cell phone data

If you believe your cell phone has data that could benefit your case, you should speak to an attorney as soon as possible about preserving this data. By waiting too long, your data may become overwritten, destroyed, or erased altogether. You should also speak to an attorney about developing a plan to protect your cell phone data from being accessed and misused by insurance companies and other attorneys right away.

The Vancouver, WA, personal injury lawyers at Philbrook Law Office know and understand every aspect of personal injury claims, including how cell phone data is retrieved and used as evidence in these cases. Cell phone data can make legal matters a lot more challenging, but with our help, you can rest assured that we can use this information to fight for compensation recovery on your behalf. Please call our office or submit our contact form to schedule a free, no-obligation consultation in Vancouver, WA, today.