How Cell Phone Data Is Used in a South Carolina Personal Injury Claim

When you think about personal injury claims, you probably picture witness testimonies, medical records, and accident reports. That makes sense. These are all common parts of the process.

However, another piece of evidence is becoming increasingly important in these cases: cell phone data. The device you carry in your pocket holds a vast range of information, and in South Carolina personal injury cases, that data can make or break your claim.

What kind of data can a cell phone provide?

Your cell phone is more than just a tool for texting and calling. It’s a constantly updated digital diary. It details where you’ve gone, what you’ve done, and more. Here are the types of data from your cell phone that might come into play during a personal injury claim:

• Call logs: These can show whether you were on the phone at the time of an accident.
• Text messages: Time-stamped messages can tell if you were texting or receiving messages just before the crash.
• GPS data: Location tracking can reveal your speed, route, and exact position leading up to the collision.
• App usage: If social media apps or other programs were running during the accident, it could mean that you were distracted.
• Photos and videos: Snapshots or recordings taken near the time of the incident might provide additional context.

None of these pieces of data prove fault in and of themselves, but they can be used to reconstruct what happened, when, and how. But how might an attorney put that information to use?

How is cell phone data used in personal injury cases?

Cell phone data serves two main purposes: proving fault and strengthening a claim. That means this information can work for both the plaintiff and the defendant, depending on the situation.

Proving negligence

If you’re involved in a car accident that wasn’t your fault, it’s important to prove that the other driver is at fault. Cell phone records can provide evidence of distracted driving. For example:

• If the at-fault driver was texting, it could show that their attention wasn’t on the road, resulting in the accident.
• GPS data might show that the other driver was speeding, driving erratically, or otherwise driving recklessly.

Of course, it’s not always about proving fault. Sometimes, cell phone data is used to help support your case.

Supporting your case

Cell phone data isn’t just for pointing fingers. It can also back up your side of the story. Let’s say you were injured and called 911 immediately after the accident. The time-stamped call log could corroborate your timeline. Or, if you took photos of the crash site, that visual evidence could strengthen your claim.

Then there’s the information already discussed, like GPS (speed, location, etc.), as well as call logs and texts that can show you weren’t driving recklessly or weren’t distracted. All of this can work toward defending your case in court and upholding your picture of events.

How is cell phone data obtained?

You might be wondering, “How can my attorney get access to someone else’s phone data?” In most cases, this involves a process called discovery, where both sides exchange evidence. If cell phone data is relevant, your lawyer can request it through a subpoena.

It’s important to note that accessing this data often requires court approval, as privacy laws protect most of the information on your phone. However, if the data directly relates to the case, courts usually allow it.

What does that mean for you? First, if the judge approves it, your cell phone provider will turn over its records. It doesn’t stop there, however. In some cases, you may also need to turn over your physical cell phone so that the data it holds can be accessed.

If you’ve received a phone data subpoena, it’s important to consult with an attorney who understands your rights and potential legal options.

How cell phone data can impact your claim

Cell phone data can work for or against you. While it might help prove the other party’s negligence, it can also work against you if you were the distracted driver. That’s why it’s so important to be honest with your attorney and avoid any actions that might damage your case.

For example:

• If you were texting, admit it. Your lawyer needs the full picture to build the best possible defense or case strategy. Not admitting it does you no good because the data on your cell phone will show exactly what was happening at the time of the accident.
• Don’t delete messages, apps, or other information after the accident. Tampering with evidence could damage your credibility and your claim. Deleting things like this makes it look like you’re trying to hide something, whether you are or not.

What are the best options? Be honest with your attorney from the very beginning. Keep everything on your phone exactly as it was at the time of the accident. Be prepared to turn your phone over to the relevant party.

Tips to avoid cell phone-related risks

Cell phones are everywhere today, but that doesn’t mean they’re harmless. They can and do lead to dangerous situations, like distracted driving. To protect yourself and others on the road, consider these tips:

• Use a hands-free device for calls while driving. Many states have a hand-held ban in place that prohibits drivers from holding a cell phone while on a call behind the wheel. South Carolina is considering expanding its current distracted driving laws to include a ban.
• Turn off notifications or enable “Do Not Disturb” mode to avoid distractions. This helps you avoid the urge to see what that new notification is about and keeps your attention on the road.
• If you need to send a text or check your phone, pull over to a safe location. While South Carolina doesn’t have a hand-held ban, texting while driving is banned for all drivers.

Why legal help matters

Cell phone data can make a major difference in personal injury claims, but interpreting and presenting this evidence requires skill. At McGowan, Hood & Felder, LLC, we know how to use this data to your advantage. Whether it’s proving the other party’s negligence or defending your own actions, we help you build the strongest case possible.

If you’ve been injured in an accident, don’t wait. Contact us today to learn how we can help you navigate the complexities of your case and get the compensation you deserve.