How Cell Phone Evidence Might Help Your Car Accident Lawsuit

Were you recently injured in a traffic crash, and you suspect the accident happened because another motorist was distracted? Whether the collision occurred because another driver rear-ended your vehicle while you were stopped at a light or a stop sign, or the driver drifted into your lane on a highway, you will want to do everything you can to prove that driver is liable for your injuries. And if that driver was distracted because they were on their phone, you will want to work closely with a car accident attorney in Texas to find out more about obtaining that motorist’s cell phone data for use in your car accident lawsuit. Our firm can explain this process in more detail, and we can discuss your car crash claim with you today.

Seeking Cell Phone Data to Use As Evidence in a Car Accident Lawsuit in Texas

According to data from the Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute (HLDI), distracted driving is a major cause of collisions. Although cell phone use and texting while driving are not the only underlying causes of distracted driving crashes, they are commonly a causal factor — or the causal factor — in a distracted driving collision.

In order to prove that the other driver was distracted because they were talking or texting on their phone, you will likely need to obtain cell phone data. In order to obtain it, you will need to work with an attorney to meet the requirements set forth by Texas law.

Requirements for Getting Cell Phone Data to Use in Your Car Accident Lawsuit

Do you want to obtain cell phone data to prove the other driver against whom you are filing a lawsuit was distracted and therefore liable for your injuries? You will need to meet specific requirements set forth in a Supreme Court of Texas case, In re Kuraray America, Inc. (2022).

In short, you will need to show some evidence that the defendant’s cell phone use could have been a contributing cause of the accident. If you can do this, then you may be eligible to have the defendant’s cell phone data released, as long as what is released to you is within a “temporal scope [that] is tailored to encompass only the period in which cell phone use could have contributed to the incident.” 

Contact a Texas Car Accident Attorney for Assistance with Your Distracted Driving Claim

If you were injured in a motor vehicle collision in Texas and you believe a distracted driver caused the crash because they were using their phone unlawfully, it is important to find out more about working with a personal injury attorney to obtain that cell phone data for your case. As we discussed above, you will need to prove that the data may have been a contributing cause to the crash along with other requirements, but once you do — with help from your attorney — you may have nearly definitive proof that the defendant is liable. To find out more about filing an auto accident lawsuit and seeking cell phone data as evidence, you should get in touch with an experienced Texas car accident lawyer at John Reed, Attorney at Law. Contact our firm today to learn more about how we can assist you.

Sources:

iihs.org/research-areas/distracted-driving

law.justia.com/cases/texas/supreme-court/2022/20-0268.html