NHTSA reports that in 2024, 3,208 people were killed in crashes involving distracted drivers in the United States.
When a crash victim suspects that the at-fault driver was using their phone at the time of the crash, the plaintiff’s attorney can obtain the defendant’s phone records. While privacy laws prevent civilians from calling wireless providers to request someone else’s logs, an attorney can issue a subpoena to secure this evidence once a lawsuit is filed. Proving distracted driving is a powerful way to establish negligence and secure a higher settlement.
The Process of Obtaining Phone Records
Securing cell phone data isn’t as simple as calling a wireless carrier. Personal privacy protections are strict, meaning providers won’t release private logs without a court order or a subpoena. Attorneys must initiate a civil lawsuit to demand phone records from companies like Verizon, AT&T, or T-Mobile. A subpoena specifically requests metadata, which includes timestamps for sent and received text messages, data usage, and outgoing or incoming calls.
Lawyers use the timestamps to compare the driver’s activity with the exact time of the collision recorded by police or traffic cameras. Distracted driving cases rely heavily on the defendant’s phone use timeline to prove that their attention wasn’t on the road. Discovery is a phase in litigation in which both sides exchange information, and phone records can be among the most valuable evidence.
The Importance of Spoliation of Evidence Warnings
Preserving evidence begins before a subpoena is issued by sending a formal document called a spoliation-of-evidence warning letter. Attorneys send warnings to the at-fault driver and their insurance company immediately after being retained. A spoliation letter notifies the other party that they must preserve all relevant evidence, including their phone. Warning letters can also be sent to providers so they halt automatic data wipes until the subpoena is received.
Intentionally deleting text messages or discarding a mobile device after receiving a warning may result in severe legal consequences for the defendant. Preventing the destruction of evidence is the primary goal of spoliation-of-evidence letters. At-fault drivers often wipe their phones or delete social media posts after a serious accident to hide incriminating evidence. A spoliation letter ensures that the defendant understands the penalties for tampering with evidence.
Why Hiring an Attorney Early Is Critical
Cellular service providers maintain detailed usage logs for a very short window, often only a few months. Waiting too long to initiate a claim could result in the permanent loss of critical evidence. Acting quickly ensures the digital footprint of the accident remains available for trial. Hiring a lawyer early also allows for the collection of other time-sensitive evidence that complements phone records.
Surrounding businesses may have surveillance footage showing the driver holding a device. However, many systems overwrite their storage every few days, but spoliation letters can protect the footage. Witnesses also have fresher memories of the accident shortly after it occurred. Building a comprehensive case requires gathering all the evidence before it vanishes.
A Legal Team You Can Rely On
HHJ Trial Attorneys works on a contingency fee basis, meaning you don’t pay us unless your case is successful. There are no upfront costs, which allows victims to secure professional legal representation regardless of their current financial situation. We know that many victims who need legal support don’t get it because they’re worried about the cost. We take on the financial risk because we believe in the strength of the cases we choose to represent.
If a distracted driver has injured you, you deserve a legal representative who isn’t afraid to fight for you. We are willing to go to trial if the defendant and their insurers refuse to offer a fair settlement. We don’t back down until our clients’ financial future is protected. The long-term costs of medical care can be alarmingly high, so our goal is to ensure you can afford the care you need. Contact us at 619-INJURED to schedule a consultation.
Frequently Asked Questions
Can the At-Fault Driver Destroy Their Phone Records?
Drivers might try to delete their text history or hide their devices to avoid liability after a crash. Federal and state laws prohibit the intentional destruction of evidence once a person knows a legal claim is likely. Judges can impose fines or rule in favor of the victim if evidence is missing because the defendant destroyed it. Sending a spoliation letter is the best way to prevent this.
How Does Texting While Driving Affect My Settlement?
Proving that a driver was on their phone substantially increases the value of a settlement. Distracted driving is considered gross negligence, which can lead to higher payouts for the victim. Insurance companies are much more likely to offer a fair amount when presented with irrefutable proof of phone usage. Punitive damages might also become an option if the driver’s behavior was particularly reckless.
