Using a cell phone while driving is extremely dangerous and can lead to various types of auto accidents. When someone uses a phone while driving, it takes away attention from the road, leading to dangerous and often tragic outcomes.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a factor in about 3,100 deaths each year in the United States. Of those, about 2,800 are caused by cell phone use.
In July of 2020, Indiana enacted a hands-free law, prohibiting drivers from holding mobile devices, including smartphones and tablets, in their hands while driving to reduce distracted driving and improve safety.
When dealing with car, truck or motorcycle accident cases in Indiana, cell phone data may be obtained as evidence to support a victim’s claim. However, some restrictions may affect how this data can be used.
In Indiana, cell phone data is considered private information. This means that it cannot be acquired without a warrant or other legal justifications. In addition to the legal restrictions, there are some other important considerations. Cell phone data can be large and complex and difficult to interpret. It is important to have a qualified expert who is able to review this information to ensure that it is analyzed correctly.
If a personal injury attorney feels that cell phone data can assist in an accident case, they will act quickly in an attempt to preserve and secure the information. This may be particularly valuable in truck accident cases, when a trucker’s phone can determine that a driver was illegally texting or using a phone moments before a crash.
Cell phone data can include call logs, text messages, social media activity, and GPS location history. Overall, this can be a valuable tool for investigating auto accidents. However, it is important to remember that this data is not always admissible and should not be used as the sole evidence in determining fault. Other things to keep in mind include:
• Cell phone data may not always be relevant to the issue of who was at fault for the accident. For example, if the accident was caused by a mechanical failure, the cell phone data may not be relevant
• Even if the cell phone data is relevant, it may not be admissible in court if it was not obtained properly
• Data may be misinterpreted, so it’s vital to have a qualified expert review the information to ensure that it is interpreted correctly
With a court order, your attorney can obtain cell phone data to show that a driver was on their phone at the time of a crash and was engaged in distracted driving, helping to strengthen your personal injury claim. Keep in mind, cell phone data retrieval is not limited to the party who initiates a lawsuit. It is not uncommon for the defense or insurance company of the at-fault party to request cell phone data from the plaintiff in an attempt to weaken a case and create a liability dispute.
If you have been injured in a car accident due to distracted driving or any other cause, contact an experienced attorney at Hurst Limontes and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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