There are many times when the situation surrounding an accident becomes too confusing for a simple court decision. Accidents in rural areas or in unorganized road systems can create a question of fault that isn't easily answered. By taking a deeper look into the accident situation and the background mobile device activity that can be discovered, you can paint a more accurate picture of what could have happened and who may have been at fault.
Cell Phone Usage Information To Create A Linked Story
Consider an accident at the end of the workday. A person suddenly veers into your lane and sideswipes your car. You report that the other driver veered into you while your legal opponent denies vehemently. Unfortunately, the other drivers on the road are unable to confidently confirm who drove into which lane.
In order to prove the case, there may be investigation into the damage to each vehicle. Although such law enforcement-based investigations are often reliable, it's worth having other evidence in place just in case there is an exception.
Such accidents happen due to driver distractions. The person may be tired, intoxicated, distracted by children or—more recently—distracted by a phone. If all other situations are negative or hard to prove, request the cell phone information.
From a phone or any mobile device, you can track minute-by-minute activities. Incoming texts, Internet activity and call progress can create a timeline of what the other drive was doing when the accident occurred.
There are a few escape paths for your opponent. Although Internet access may be present, many devices automatically send and receive information via persistent Internet activity that doesn't require personal action. Sending and receiving location information or updating email accounts can happen without the person touching the phone.
Instead, look for specific access patterns. Sent texts, specific instances of browsing to a website or submitting a message are a few examples, but any kind of specific activity by the driver can be used.
Look For Intentionally Deleted Information
Although this technique won't pin down the other person's fault, you can highlight suspicious activity if the person seems to be getting rid of information.
Request that the phone be searched for activity. Is the phone regularly used, but suddenly clear or inactive for the time surrounding the accident? Drawing attention to the information gap can raise concerns about hiding information, which can make it easier to request information from the phone company.
Was the phone recently put through a factory reset to erase all information? Check to see if all new information seems to have started after the accident. Factory resets will also leave some lingering personal information that investigators can find, including the physical action of resetting with date and time attached.
For help with the legal aspect of gaining mobile device information, contact a car accident lawyer.