Every year, distracted driving causes thousands of deaths in the United States, with a significant portion of these accidents attributed to cell phone use. The frequent use of apps, texting and videos has made it more difficult for drivers to focus solely on the road, making this a growing safety concern for drivers, both in Indiana and nationwide. If you or a loved one have been injured in an auto accident and suspect the other driver was engaged in cell phone use, there are things your personal injury attorney can do to help prove that a phone contributed to your accident and subsequent injuries.

Indiana law prohibits drivers from sending messages or reading emails while driving, even if stopped at a traffic light or stop sign. In the context of an accident, proving that a driver was using their phone can be vital to a personal injury case. There are several methods to gather evidence demonstrating cell phone usage, establishing driver distraction, thereby attributing fault and negligence. One of the most common ways is by obtaining a driver’s cell phone records. However, acquiring data from a defendant’s phone may prove challenging, which is why it’s imperative to work with a legal team that is experienced in handling such matters.

When attempting to acquire cell phone records, some restrictions may affect how data can be used. 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. In Indiana, cell phone data is considered private information, which means that it cannot be acquired without a warrant or other legal justifications.

It’s important to note that 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.

Beyond phone records, vehicle data is another resource that can be used to determine smartphone use at the time of an accident. Many newer vehicles are equipped with information that captures things like speed, braking, and steering at the time of impact. Some vehicles also integrate with drivers’ cell phones, logging recent interactions with the vehicle’s system. This data can be useful in showing whether a driver was interacting with their phone through the car’s system, adding another layer of evidence for a personal injury attorney to present.

Additionally, an accident reconstruction expert (ARC) can be used to help determine what likely happened that led to a car crash. An investigator may find a phone in a position that suggests recent use, such as being unlocked on a particular screen or within immediate reach in the driver’s area.

These pieces of evidence will allow a personal injury lawyer to build a narrative that proves that cell phone usage was likely a contributing factor in the accident.

If you have been injured in a car accident due to distracted driving or any other cause, contact our law office 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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