According to federal safety data, in 2023 alone, crashes involving a driver using a cellphone caused 397 deaths. They injured an estimated 30,970 people nationwide—a stark reminder of how dangerous texting and scrolling behind the wheel really is.
Proving a driver was texting during an accident requires an investigation into digital records, eyewitness testimony, and evidence from the scene. Attorneys establish liability by serving subpoenas for cell phone logs, reviewing social media activity, and reviewing camera footage. HHJ Trial Attorneys specializes in uncovering the truth behind distracted driving to hold negligent parties accountable.
Cellphone Record Subpoenas
Cell phone records are a primary source of proof in distracted driving cases. Attorneys can submit a subpoena to access a driver’s phone records to see if their phone was in use at the time of the impact. Communication logs highlight the duration of calls and the timing of incoming data. Obtaining cellphone records requires a legal professional who understands the specific privacy laws surrounding cellular data.
Detailed records from wireless carriers show more than text messages. Metadata within these logs can indicate when a driver was using a specific application or downloading data. Matchups between the timing of collisions and data transmissions provide a strong foundation for a negligence claim. Most people don’t realize that their phone company keeps a meticulous log of every interaction the device has with cellular towers.
Surveillance Footage
Dashcams and surrounding surveillance systems can provide a visual record of a driver’s behavior leading up to a crash. Traffic cameras at busy intersections might show a driver looking down toward their lap rather than at the road ahead. Nearby business security cameras also provide angles that may capture the interior of a vehicle during a collision. Reconstructionists analyze the footage to prove how the driver behaved before the crash.
Interior views of a vehicle are particularly valuable for proving that a driver was holding a handheld device. High-definition footage can reveal the glow of a screen or the specific hand movements associated with typing. Footage from a victim’s own dashcam might capture the other vehicle drifting across lanes or traveling at inconsistent speeds. Erratic driving patterns are common indicators of a distracted driver.
Social Media Activity
Social media timestamps create a digital paper trail that is difficult to erase. Posts and direct messages on Instagram and TikTok include metadata with the precise time of the activity. Forensic specialists can examine a driver’s device to see if they were actively scrolling through an app or typing something when the accident occurred. Drivers forget that their public digital presence can be used against them in a personal injury lawsuit.
Furthermore, individual privacy settings don’t always protect a driver when interacting with a public profile. If a driver was liking or commenting on a post seconds before a crash, a court may order the release of the defendant’s account logs, even if they are set to private. Digital forensic experts also have tools to recover data that was manually deleted from a phone. Therefore, deleting the social media apps doesn’t destroy the evidence.
California Hands-Free Laws and Negligence Per Se
California Vehicle Code Section 23123.5 strictly prohibits the use of handheld devices while driving. Violating a traffic safety law results in negligence per se, where the driver is presumed at fault for breaking the law. Proving that the driver was holding their phone at the time of the crash simplifies the legal process of establishing negligence. Victims who suffer injuries because a driver ignored the law deserve full compensation for their losses.
Establishing negligence per se is beneficial for the victim. Instead of proving recklessness, the focus shifts to the fact that a law was broken. A phone being in a driver’s hand is enough to trigger negligence per se. At HHJ Trial Attorneys, we understand how to use the presumption of fault to maximize the value of a claim. Higher settlements are more likely when the evidence of a legal violation is clear and documented.
Eyewitness Accounts
Eyewitness accounts are a vital component of any car accident investigation. Passengers in other cars or pedestrians on the sidewalk may have seen the driver looking at their phone right before the impact. Statements from these witnesses provide a human perspective that complements the data found in digital records. Witness testimony is gathered promptly after an accident to ensure memories are fresh and accurate.
Work With HHJ Trial Attorneys for Maximum Compensation
While not legally required, working with a legal representative can make your claim significantly easier. At HHJ Trial Attorneys, our team has the expertise and experience to identify and secure valuable evidence before it is compromised. We work on a contingency-fee basis and offer free case reviews. This structure means you can have professional representation no matter your current financial situation. Contact us to schedule a meeting.
Frequently Asked Questions
Can an Attorney Access the Actual Content of Text Messages?
Privacy laws and encryption limit access to the specific words written in a text message. However, the exact timing of the message is usually sufficient to prove that the driver was distracted at the time of the crash. Timestamps are the most critical evidence because they show activity at the precise moment of impact and the moments leading to the crash.
What Happens if the Driver Deletes Their Messages After the Crash?
Forensic experts can often recover deleted data from a smartphone even if the user thought the information was gone forever. Serving a subpoena on the service provider also provides a record of activity that the driver can’t delete from their end. Attempting to hide or destroy evidence can result in harsher penalties for the negligent party at trial. Courts don’t look kindly on individuals who try to interfere with the discovery process.
Is Hands-Free Phone Use Considered Distracted Driving in California?
California law allows hands-free use, but any activity that diverts a driver’s attention from the road remains a form of distraction. Cognitive distraction occurs when a driver is so focused on a conversation that they fail to notice hazards or traffic signals. Evidence of a lengthy phone call can still be used to establish negligence even if the driver used Bluetooth. The goal is to prove that the driver’s attention was not on the safe operation of their vehicle.
Does The Police Report Mention if the Driver Was Texting?
Police officers will include their observations and any witness statements regarding phone use in the official accident report. Some officers may check the driver’s phone at the scene if the distraction is obvious or if a serious injury occurred. An official report is a strong foundation for your attorney to build on during the discovery phase of a lawsuit. Officers can also testify in court about the driver’s behavior and admissions made at the crash site.
