The Burden of Proof in Distracted Driving Cases
In any personal injury case, the plaintiff bears the burden of proving the defendant's negligence. For distracted driving cases, this means demonstrating that the other driver was distracted and that this distraction caused the accident. While this may seem straightforward, insurance companies aggressively defend these claims.
To meet this burden, we typically need to establish four elements:
1. Duty of Care: All drivers owe a duty to operate their vehicles safely and follow traffic laws. This element is usually easy to establish.
2. Breach of Duty: We must prove the other driver breached this duty by using their phone or otherwise being distracted. This is where evidence like phone records, dashcam footage, and witness statements become critical.
3. Causation: We must connect the distraction to the accident. Even if the other driver was texting, the defense may argue they stopped before the crash or that another factor caused the collision.
4. Damages: We must document the injuries and losses resulting from the accident.
Our legal team knows how to build comprehensive cases that satisfy all four elements and withstand defense challenges.
To meet this burden, we typically need to establish four elements:
1. Duty of Care: All drivers owe a duty to operate their vehicles safely and follow traffic laws. This element is usually easy to establish.
2. Breach of Duty: We must prove the other driver breached this duty by using their phone or otherwise being distracted. This is where evidence like phone records, dashcam footage, and witness statements become critical.
3. Causation: We must connect the distraction to the accident. Even if the other driver was texting, the defense may argue they stopped before the crash or that another factor caused the collision.
4. Damages: We must document the injuries and losses resulting from the accident.
Our legal team knows how to build comprehensive cases that satisfy all four elements and withstand defense challenges.
Cell Phone Records as Evidence
Cell phone records are often the most powerful evidence in distracted driving cases. Here's what these records reveal and how we obtain them:
Call Detail Records (CDRs): These show the time, duration, and phone numbers for all incoming and outgoing calls. If the records show the driver was on a call at the exact moment of impact, it's strong evidence of distraction.
Text Message Logs: Carriers maintain logs showing when texts were sent and received. The content of messages may require additional subpoenas or forensic examination of the phone itself.
Data Usage Records: These show when the phone was actively using data—which indicates web browsing, app usage, streaming, or other activities. Spikes in data usage around the accident time support claims of distraction.
How We Obtain Records: Once litigation begins, we serve subpoenas on the carrier. Carriers typically produce records within 30-60 days. For cases requiring urgent evidence preservation, we can seek emergency court orders.
Challenges and Limitations: Records show phone activity but may not definitively prove who was using the phone. The defense might argue a passenger was using the driver's phone. We address this through additional evidence like witness testimony and accident reconstruction.
Call Detail Records (CDRs): These show the time, duration, and phone numbers for all incoming and outgoing calls. If the records show the driver was on a call at the exact moment of impact, it's strong evidence of distraction.
Text Message Logs: Carriers maintain logs showing when texts were sent and received. The content of messages may require additional subpoenas or forensic examination of the phone itself.
Data Usage Records: These show when the phone was actively using data—which indicates web browsing, app usage, streaming, or other activities. Spikes in data usage around the accident time support claims of distraction.
How We Obtain Records: Once litigation begins, we serve subpoenas on the carrier. Carriers typically produce records within 30-60 days. For cases requiring urgent evidence preservation, we can seek emergency court orders.
Challenges and Limitations: Records show phone activity but may not definitively prove who was using the phone. The defense might argue a passenger was using the driver's phone. We address this through additional evidence like witness testimony and accident reconstruction.
Digital Forensics and Social Media Evidence
Modern smartphones create detailed digital footprints that can prove distraction beyond traditional phone records:
App Usage Data: Many apps log when they were opened and used. If the driver was posting to social media, checking email, or using a navigation app at the time of the crash, this data can be extracted through forensic analysis.
Location and Motion Data: Smartphones constantly track location and motion. This data can show if the phone was moving (in a vehicle) and being used simultaneously, which strongly suggests the driver was the user.
Social Media Posts: We search for posts, photos, or videos the driver may have uploaded around the accident time. Some distracted drivers have been caught posting to social media moments before crashes.
Dating and Messaging Apps: Notifications from apps like Tinder, Bumble, or messaging platforms can be retrieved and timestamped.
Our digital forensics experts work with leading e-discovery firms to extract and preserve this evidence properly so it's admissible in court.
App Usage Data: Many apps log when they were opened and used. If the driver was posting to social media, checking email, or using a navigation app at the time of the crash, this data can be extracted through forensic analysis.
Location and Motion Data: Smartphones constantly track location and motion. This data can show if the phone was moving (in a vehicle) and being used simultaneously, which strongly suggests the driver was the user.
Social Media Posts: We search for posts, photos, or videos the driver may have uploaded around the accident time. Some distracted drivers have been caught posting to social media moments before crashes.
Dating and Messaging Apps: Notifications from apps like Tinder, Bumble, or messaging platforms can be retrieved and timestamped.
Our digital forensics experts work with leading e-discovery firms to extract and preserve this evidence properly so it's admissible in court.
Accident Reconstruction and Expert Witnesses
When electronic evidence is unavailable or inconclusive, accident reconstruction experts can prove distraction through physical evidence:
Lack of Pre-Impact Braking: If vehicle data shows no brake application before impact, it suggests the driver wasn't watching the road. Attentive drivers typically brake or swerve before collisions.
Reaction Time Analysis: Experts calculate how long the driver had to perceive and react to the hazard. If they had ample time to stop but didn't, distraction is a likely explanation.
Sight Line Analysis: Experts examine what the driver should have been able to see. If the victim or hazard was clearly visible for several seconds, the driver's failure to react suggests they weren't looking.
Vehicle Telemetry: Many modern vehicles record detailed information about steering inputs, acceleration, and cruise control usage. This data can reveal whether the driver was actively controlling the vehicle.
Our firm works with board-certified accident reconstructionists who have testified in hundreds of cases. Their expert opinions carry significant weight with judges and juries.
Lack of Pre-Impact Braking: If vehicle data shows no brake application before impact, it suggests the driver wasn't watching the road. Attentive drivers typically brake or swerve before collisions.
Reaction Time Analysis: Experts calculate how long the driver had to perceive and react to the hazard. If they had ample time to stop but didn't, distraction is a likely explanation.
Sight Line Analysis: Experts examine what the driver should have been able to see. If the victim or hazard was clearly visible for several seconds, the driver's failure to react suggests they weren't looking.
Vehicle Telemetry: Many modern vehicles record detailed information about steering inputs, acceleration, and cruise control usage. This data can reveal whether the driver was actively controlling the vehicle.
Our firm works with board-certified accident reconstructionists who have testified in hundreds of cases. Their expert opinions carry significant weight with judges and juries.