How Cell Phone Data Is Used in a Personal Injury Claim

We carry them everywhere and use them constantly. However, after an accident, cell phones do more than connect us to help. They often become critical pieces of evidence.

If you’re filing a personal injury claim, your cell phone (and the other party’s) can reveal far more than just call logs. It can show location data, app usage, screen activity, and even whether someone was texting at the exact moment of a crash.

In today’s post, we’ll explore how cell phone data is used in personal injury claims, what kind of information might come into play, and how this digital evidence can strengthen or hurt your case.

Why cell phone data matters in personal injury cases

When you’re trying to prove fault in a car crash, slip and fall, or any type of accident, evidence is everything. Traditional evidence (photos, witness statements, police reports, etc.) still matters. However, digital technology now offers a clearer picture of what happened.

Cell phone data can help show:

• Whether the at-fault driver was texting or calling
• The speed and location of a vehicle before impact
• Whether a distracted pedestrian was looking at their screen
• GPS patterns leading up to the accident
• App usage like social media, streaming, or navigation

Types of cell phone data used in a personal injury claim

Let’s break down what kinds of information might come into play.

1. Call and text logs

If a driver was texting or on a call during the moments leading up to an accident, these logs can establish distracted driving. Courts can subpoena logs from wireless carriers to confirm exact times.

2. App usage records

Social media apps, video platforms, and even gaming apps record when they’re opened and used. This can show inattention or distraction during important moments.

3. GPS and location tracking

Phones constantly ping nearby towers, recording movement, speed, and general location. This data can be used to reconstruct timelines and confirm or challenge alibis.

4. Screen interaction data

Some advanced digital forensic tools can show if a screen was touched, swiped, or tapped, offering direct evidence of distraction (if the device is accessible and data was properly preserved).

5. Photos, videos, and voice memos

A time-stamped selfie or video can unintentionally prove someone was distracted, impaired, or at a specific location when they said they weren’t.

How your attorney may request cell phone data

Accessing someone’s private phone isn’t as simple as asking. There are rules, rights, and legal procedures in place. Here’s how it typically works:

Voluntary disclosure

You or the other party might agree to share relevant phone records, especially if doing so helps prove your case.

Subpoena

Your attorney can request a subpoena through the court to compel a phone company or individual to release specific data, such as call logs or GPS records.

Discovery process

In a lawsuit, the formal discovery process may include requests for phone data, like phone bills, app usage, or stored media.

Expert digital forensics

Sometimes a digital forensics expert is brought in to extract and analyze phone data. This is common when the case hinges on precise activity or timestamps.

When cell phone data supports your claim

Used properly, phone data can back up your version of events with objective digital evidence. Here are a few examples:

• You’re rear-ended at a stoplight. The other driver denies texting, but their phone records show they sent a message at the exact time of the crash.
• You slipped and fell on wet steps at an apartment building. Your phone’s GPS and photo timestamps prove you were there and documented the hazard before leaving.
• A truck driver swerves into your lane. GPS data shows erratic lane changes, and app usage reveals the driver was streaming a video.

In each of these scenarios, cell phone evidence can make the difference between a disputed claim and a successful settlement.

When cell phone data can hurt your case

Here’s the flip side: your own phone data can also be used against you.

Let’s say you were hit in a crosswalk, but your phone shows you were scrolling Instagram at the time. Or you deny speeding, but your rideshare app shows you reached 70 mph in a 45 zone.

Even if you’re the injured party, the defense may look for any evidence to shift blame or reduce damages.

That’s why it’s so important to speak with an attorney before handing over your device or records. You’ll want a legal advocate who can review the data in context and prepare for how the other side may use it.

Can phone data be used without your permission?

Sometimes, but it’s not easy to do. Generally, you have a reasonable expectation of privacy in your phone. That means opposing attorneys or insurance adjusters can’t just snoop through your device without a court order.

However, once a lawsuit is filed, things change. Through discovery or subpoena, both parties may be required to share relevant data.

If you’re worried about your privacy, talk to your lawyer about narrowing the scope of the request, limiting it to specific time frames or types of data.

Best practices after an accident

If you’ve been hurt in an accident and think phone data might play a role (yours or the other party’s), here’s what to do:

1. Don’t delete anything

Deleting messages or app data could be seen as tampering. Preserve your phone exactly as it was.

2. Tell your attorney early

The sooner your attorney knows about potential digital evidence, the better they can act to protect it or request it from the other party.

3. Request your own records

You can obtain your call logs, texts, or location history from your carrier or device. This may help support your case.

4. Use screenshots if needed

If you took photos or recorded the scene, back them up. Metadata (like timestamps and geolocation) can be very strong evidence.

What role does Ferrara & Gable play?

At Ferrara & Gable, we understand how technology is reshaping the legal landscape. We’ve handled cases where cell phone data turned a “he said, she said” story into a clear-cut case of fault.

Whether you need help recovering cell phone evidence or defending yourself against misused data, our team knows how to:

• Work with digital forensics experts
• Subpoena phone records properly
• Analyze app and GPS data
• Protect your privacy during discovery
• Build a compelling case backed by facts and timestamps

It’s a digital world

In today’s world, your phone does more than make calls. It creates a digital footprint that can become vital in a personal injury case.

Whether you’re trying to prove distraction, reconstruct a timeline, or defend against false claims, cell phone data offers powerful support, when used wisely.

If you’ve been injured and believe phone data might help (or hurt) your case, contact Ferrara & Gable today.