Using Cell Phone Data from a Car Accident

Cell phones have become a huge part of our lives. In today’s digital atmosphere, most people refuse to leave home without cellular devices. Cell phones help you communicate and stay in touch with friends and family. They have a built-in GPS to help you get to your destination and can be used to entertain through videos, games, and other platforms. Unfortunately, this has led to more and more people using their cell phones while behind the wheel, which is known to cause severe, dangerous, and even fatal accidents.

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

Yes, cell phone data can be used in a Charlotte car accident case. However, you will likely need to hire a car accident attorney to issue a subpoena to access and use another driver’s cell phone data to prove your case. The subpoena is sent to the individual’s cell phone company, requesting all data and records for that person’s device or phone number.

Since cell phone data is considered private information, the cell phone company’s compliance department will review the subpoena and determine whether it meets the requirements to provide the data. If the requirements are met, the cell phone company will send the requested records and data to the attorney who issued the subpoena, who can use it as evidence for their client’s case.

What information can be used and how?

A lot of cell phone data and information can be used in a car accident case. Some of the most common data and information that will likely be used include:

• Text messages and emails: Text messages and emails are one of the most common pieces of information used in a car accident case. Even though North Carolina Code § 20-137.4A states that it is illegal to “manually enter multiple letters or text” in a cellular device or “read any electronic mail or text message transmitted to the device,” many people still get behind the wheel and send or read text messages and emails. Therefore, an attorney can use text messages and emails as evidence to show that the at-fault driver was reading or sending a text message or email at the time of the accident, which caused the accident.
• Social media: Almost every person with a cell phone has several social media apps downloaded. If an attorney can access the at-fault driver’s social media apps and information through their cell phone, they can show that the driver was scrolling Facebook, watching TikTok videos, or posting on Instagram at the time of the accident.
• GPS: It is common for drivers to use their GPS device to get from point A to point B. However, this information can be used to show whether the at-fault driver may have been looking at their GPS instead of paying attention to the road and their surroundings at the time of the accident.
• Games: If there is proof that the at-fault driver was playing a game, this information may be used to show that the driver was distracted at the time of the crash. This can usually be determined by looking at what apps were open on the driver’s phone right before and during the accident and how long they had been open.
• Video or streaming platforms: Video and streaming platforms, such as YouTube, Twitch, Hulu, Netflix, Amazon Prime Video, Paramount, and Peacock, are typically accessed on television. However, these websites and platforms allow cell phone users to download these apps and use them on-the-go through their cellular devices. Therefore, if your car accident lawyer can determine that one of these apps or platforms was being used or opened around the time of the crash, they may use this information to show that the driver may have been watching a movie, TV show, or video instead of focusing on the task at hand.
• Podcasts or music: Many drivers listen to podcasts and music during their daily commutes. Therefore, if the accident occurred around the same time the music or podcast apps were being used, your lawyer may use this information to show that the at-fault driver was distracted.
• Call log: The call log is another beneficial tool that can show whether there were any incoming or outgoing phone calls close to the time of the accident. It can also determine whether the at-fault driver was on the phone having a conversation when the crash happened.

Is there a way to determine if a driver was using their cell phone before or during an accident?

Yes, there are several ways to determine whether a driver was using their cell phone before or during an accident. Therefore, even if a person thinks they can hide that they were on their phone, attorneys usually have tricks up their sleeves to find out that a cell phone was being used. The following are a few ways that your attorney may be able to find out a driver was using their cell phone before or during an accident:

• Clear evidence showed that the driver was looking down toward their lap while driving.
• The cell phone was near the driver’s ear or in their hand while
• A glow or lighting in the driver’s vehicle at night indicates that they may have been using their phone.
• They were swerving, weaving in and out of lanes, taking a long time to proceed when the traffic light turned green, having trouble maintaining their speed, and more.

While cell phone records and data can be beneficial to determine whether the driver was using their cell phone before or during an accident, your attorney may also request dash cam footage, surveillance footage, eyewitness statements, and the police accident report to show that there were signs of the driver being on their cell phone.

Does that mean my cell phone information can be used too?

If you are struck by another driver who was on their cell phone, you may feel relieved to know that your attorney can file a request to inspect their cell phone data and use it to help you get the justice and compensation you deserve. However, it is important to know that your cell phone information can be used, too. Therefore, if the opposing team requests your cell phone data and it is determined that you were also on your cell phone, you could be considered partially at fault for the accident. North Carolina follows a pure contributory negligence system, which means you cannot file a car accident claim or seek compensation even if you are determined to be only one percent at fault for the accident.

Have you recently been involved in a car accident with a distracted driver? If so, the Charlotte car accident lawyers at Price, Petho & Associates are here to help. We know how challenging it can be to prove that another driver was using their cell phone when they caused your accident and injuries. However, with our experience, skills, and knowledge, we can help you obtain the evidence you need to support your side of the story and back up your facts and details. Please call our office or submit our contact form to schedule a free consultation at one of our Charlotte, Rutherfordton, or Rockingham offices today.