Cellular phone forensics are one of the strongest pieces of evidence to prove fault in distracted driving cases. Long Island personal injury attorneys use subpoenaed carrier records, such as call and text logs, data usage, and cell tower pings, to show whether a driver was on their phone immediately before, or at the exact moment of a crash. Carriers don’t retain this data forever. Rapid action to secure these records is often critical to a claim.
The Raimondo Law Firm has a team of experienced accident attorneys serving all of Long Island. We routinely obtain carrier records to build stronger cases and fight for the compensation that our clients deserve.
Key Takeaways
- Carrier records are metadata, meaning they don’t contain message content. They contain timestamps, call logs, and data activity.
- You need a subpoena to obtain cell phone forensics once a lawsuit has been filed.
- Wireless carriers usually only retain data for 12 to 24 months. Once it’s gone, it can’t be recovered.
What the Carrier Data Actually Shows
When people think of the term “forensics,” they imagine pulling all data off the phone like a history of everything it has ever done. However, the carrier logs obtained for distracted driving cases aren’t comprehensive. What they lack in big-picture detail is made up for with specificity.
- Carrier data is on the side of the provider. It can show timestamps of text messages sent, calls, and cellular tower pings. It can also show logs of when an app transmitted data, so the information isn’t always calls or messages. It could show, for example, that a driver was accessing and sending data through Snapchat or Messenger when an accident occurred.
The timing is the crucial data point. A timestamp of data transfer, a call log, or a message log doesn’t say what was said or received, but it does show that a device was in use, right down to the second.
How Your Long Island Personal Injury Attorney Obtains These Records
Carriers won’t simply surrender the data upon request. A subpoena is the standard option after a lawsuit has been filed.
Records can also be obtained with a notarized authorization letter from the account holder, but this is typically infeasible when building evidence against another driver. Instead, this is useful to build evidence from your own phone usage if there is a dispute regarding who was at fault for the accident.
Timing Matters in These Cases
There is real urgency in obtaining cell phone forensics as evidence in a distracted driving case. Cellular providers retain data for 12 to 24 months in most cases before it is destroyed. There is no way to recover the data after this happens.
Your Long Island accident attorney can send a preservation letter to the carrier (also called a litigation hold letter) before a lawsuit is filed. This signals intent to formally obtain the data through the subpoena process later. Its immediate purpose is to preserve the evidence and prevent the carrier from destroying it.
Without an accident attorney who understands how and where to file specific requests, securing evidence for an injury claim can be an uphill battle. Calling a lawyer as soon as possible after a car accident is the best way to protect your rights, while also ensuring that all potential pieces of evidence are preserved and available in the future.
How the Evidence is Used in a Claim
Cell phone forensics are vital, but they are more powerful when paired with other evidence in distracted driving cases. Personal injury lawyers also secure:
- Police reports and citations related to the accident.
- Witness statements that might describe the at-fault driver looking down or holding a phone before an accident.
- Event data recorder logs, which include telemetry from the vehicle itself, showing speed, braking inputs, and other behavior.
- Surveillance or dashcam footage that shows the moments before and during the crash.
Evidence often degrades or disappears with time. Witness recollections become less detailed. Vehicle data can be overwritten, and surveillance and dashcam footage is often overwritten in as little as 48 hours, often automatically. An accident attorney will act to secure all valuable evidence before it’s gone.
Frequently Asked Questions
Can a Long Island Injury Lawyer Get Cell Phone Records Before a Lawsuit is Filed?
No, an injury lawyer can’t get the records before filing a subpoena for a lawsuit, but they can send a preservation letter to prevent the evidence from being destroyed.
Can Cell Phone Data Show Where a Driver Was if They Fled the Scene?
Yes, the cellular tower data is surprisingly accurate, although there is a margin of error when pinpointing the exact location. Cell phone forensics may be used to show a vehicle was in the area of an accident, but other evidence like witness accounts, dashcam footage, vehicle logs, security camera footage, and physical evidence is necessary to prove their involvement.
Don’t Let the Evidence Disappear
Carrier data doesn’t wait for you to be ready. Every day that passes after an accident dilutes the quality of the evidence, and some of it could disappear altogether. If you were injured in a car accident and believe the other driver was distracted, you can contact the Raimondo Law Firm immediately to review your case and provide the support you need to claim any compensation that is owed.
Our Long Island personal injury legal services are available 24/7. Call us today at (631) 471-1222.
