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Can cellphone data be used in a car accident lawsuit?

On Behalf of | Oct 3, 2024 | Car Accidents |

A car accident can turn your life upside down in an instant. The physical, emotional and financial impacts can be overwhelming. Getting fair compensation is crucial to covering medical bills, car repairs and other expenses.

Retrieving evidence is critical to proving fault and securing this compensation. One resource you might not immediately think about is your smartphone. Your phone’s data can provide essential evidence in car accident cases.

How technology can inform accident investigators

Smartphone data can be a treasure trove of information for accident investigators. Here are examples of how technology can be used:

iPhone tracking

Your iPhone tracks your movements, storing data that can prove invaluable after a car crash. For example, geolocation services can show where you were during the accident. This data can also reveal where you were coming from and where you were likely headed.

Communication patterns can demonstrate whether you were texting or calling at the time of the crash. Facial recognition data can in some rare cases indicate if you were looking at your phone. Speed data from GPS services can approximate your speed before and during the collision.

While accessing this information from another driver’s phone can be challenging and require regulated legal procedures, it is possible and could be the key to winning your case.

Tesla tracking software

Driving a Tesla comes with perks, including the integrated dashcam system. Tesla vehicles have cameras that record from multiple angles, providing clear evidence of what happened during a crash. You can save this footage in several ways:

  • The auto option automatically saves recordings when a safety-critical event occurs. You can also manually save footage by touching the dashcam icon, which records the last ten minutes.
  • The “On Honk” option saves footage when you press the horn. Viewing the footage is simple; you can watch it on the dashboard touchscreen or insert the USB into a computer.

This evidence can be crucial in proving you were not at fault in certain situations.

What should I do with my phone data after an accident?

If you’re involved in a car accident, your phone data could be a game-changer in your case. Here’s what you should do:

  • Preserve your data: Do not delete any data from your phone, including texts, call logs and location data. Law enforcement could interpret deleting information as tampering with evidence, which could hurt your case.
  • Enable tracking: If you drive a Tesla or another vehicle with dashcam capabilities, ensure that you enable the dashcam. Save any relevant footage as soon as possible.
  • Consult an attorney: Contact an experienced car accident attorney They can guide you on using this data effectively and help you through the legal process. Many knowledgeable lawyers offer free consultations, making it easier to get the help you need.

Share your phone data and any dashcam footage with your attorney. This information can help build a strong case and improve your chances of receiving fair compensation.

Following these steps can help you make the most of your phone data and other technological resources. This evidence can be crucial in proving fault and ensuring you get the compensation you deserve.

 

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