If you are involved in a serious collision and know that the other driver was using their phone or was otherwise distracted, you may be eager to have the police or others search their phone or devices for evidence. This electronic evidence could help you prove that they were distracted at the time of the crash, which would put you in a better position to win your personal injury claim.
For example, airbags have digital modules that may collect information. The National Highway Traffic Safety Administration makes it a requirement that crash data be recorded in all crashes and be made available to the public. As for proving the other person was on their phone, that may not be as easy as you’d think.
The police may not check the phone records without prompting
When you get into a crash, it’s possible that the police could pick up your phone or other devices. However, the police may need a warrant, subpoena or other order before going through that phone.
This may work to your advantage if your attorney subpoenas the other party’s cellphone records or data, because there will be time stamps on the device to help determine if they were using it near the time of the collision or when you were hit.
This is something to consider if you’re involved in a crash that cause caused by a driver whom you believe was distracted by their phone. A mobile device forensic examiner or analyst may be someone you’d want to consider bringing onto your team, too, if you feel that this will help your case.