Evidence in an Electronic World: How to Strengthen a Distracted Driving Case

April 21, 2021 | By Greene Broillet & Wheeler

Nothing that we put onto the internet ever really goes away. This can prove vital in distracted driving cases when one driver needs to prove the other was using a smartphone or engaging in another distracting activity right before the crash.

Learn the type of electronic evidence that can help strengthen a distracted driving claim.

Types of Evidence in a Distracted Driving Case

Despite a plethora of distracted driving laws, many motorists still choose to engage in distracting activities while driving. This often involves using an electronic device, such as a smartphone, in an illegal manner.

In California, drivers may only use an electronic device while behind the wheel in a hands-free manner, such as mounted in an approved position and operated with voice commands, like Siri. Still, drivers often look over to the car next to them and see the other driver’s head down, most likely directed at a phone’s screen.

This can lead to a completely preventable crash. If you have been injured by a distracted driver, it’s important to contact a qualified personal injury attorney as soon as possible. Someone with seasoned legal experience will know the type of electronic evidence to gather to strengthen your case. This may include:

• Smartphone data. If the other driver did not delete their texts and calls from their phone immediately after the crash, the timestamps associated with the texts and calls can be compared to the time of the crash to see if the driver was using their phone right before the incident.
• Phone records. If the other driver did delete their texts and calls from their phone, it’s possible to still recover this data from the phone company. It’s also possible to retrieve data usage records to show whether the other driver was using an app or watching a video while they were driving.
• Photos and videos. Nearby traffic or security cameras may contain images of the driver using their phone right before the crash.

If you or someone you love has been injured in a distracted driving crash, our Los Angeles trial attorneys can collect all relevant evidence to strengthen your case. Contact us today at (866) 634-4525 to schedule a free consultation.