Cell phones have become a part of our everyday lives. While cell phones come with a lot of benefits, they come with a lot of responsibilities as well. In personal injury cases, phones can become involved in many different ways. Phones could be a root cause of an accident. Phones may provide proof of an accident. Information contained within cell phones can significantly impact a personal injury claim.
Check out some of the ways may impact your case.
1. Distracted Drivers
Automobile accidents are one of the more common incidents associated with personal injury cases. Auto accidents can happen for a number of reasons, but in recent years, distracted drivers have been an increased reason that cars crash. Drivers may text, talk, or read their screen while driving on the road. The distraction could cause the driver to veer off the road or into other traffic or cause the driver to miss an important element on the road like a stop sign. If you were injured in an automobile accident, a lawyer may be able to obtain the cell phone records of the other driver. A distracted driver could be held liable for your injuries, hospital bills, and other damages.
2. Video Evidence
Whether it’s for personal use or posting on social media, many people record everyday events, including car accidents or personal injury incidents on their phones. Livestreams, photos, and videos could all become crucial pieces of evidence in your case. You may have captured video evidence on your phone, or others who witnessed the incident could have evidence on their phone.
Gathering different angles and elements can make a huge difference on how your case plays out and establishing exactly what happened. A lawyer can help gather this evidence including a search through social media.
3. Slip and Fall Injuries
Distracted driving isn’t the only situation where use of a cell phone can be used in personal injury cases. Using your phone while walking could cause you to trip and fall on hazards you fail to see. More important, if you have been a victim of a dangerous condition that caused you to fall, including ice and snow, photographing the condition immediately after the fall, before it disappears or is repaired, can be the difference between winning and losing your case.
FAQs
Can My Cell Phone Records Be Used Against Me After a Car Accident?
Yes. If a driver was texting, talking, or looking at their screen at the time of a crash, an attorney may be able to obtain that driver’s cell phone records to show distraction contributed to the accident. This can help establish liability for injuries, medical bills, and other damages.
What Kind of Video or Photo Evidence Helps a Personal Injury Claim?
Livestreams, photos, and videos captured on your phone or a bystander’s phone can serve as key evidence, whether they show the moment of a car accident or the scene right after it happened. Gathering footage from multiple angles helps establish exactly what occurred and can significantly strengthen your case.
Can Using My Phone While Walking Affect a Slip and Fall Claim?
It can. If you were distracted by your phone and failed to notice a hazard, that may affect your claim. On the other hand, using your phone to photograph a dangerous condition, such as ice or snow, immediately after a fall can provide critical evidence before the hazard is removed or repaired.
Should I Take Photos or Videos Right After an Accident or Fall?
Yes, if you’re able to safely do so. Photographing the scene, the hazard, or any visible injuries right away preserves evidence that might disappear or be repaired later. This documentation can make a meaningful difference in proving what happened and supporting your claim.
Cell phones and the information they contain can become an integral part of your personal injury case. Contact us at Bowers Fawcett & Hurst, LLC, to see how cell phones factor into your case and learn more about your options to move forward and seek a settlement for injuries you have suffered through no fault of your own.
