Proving Distracted Driving through Phone Records

If the driver who caused your crash claims they were paying attention, their phone records might show otherwise. In Georgia, cell phone data is a key tool for proving fault in distracted driving cases.

When a driver denies using their phone during a collision, records from phone companies, app logs, and GPS data can offer evidence of their activity. A lawyer who often handles distracted driving cases can explain and guide you through the legal process to request phone records and other evidence for your case.

Knowing how phone records work as evidence and how lawyers access them is vital for anyone hurt by a driver who was texting, calling, or using apps while driving.

The scope of distracted driving

Distracted driving is a serious public safety problem nationwide, and across Georgia, too. According to the National Highway Traffic Safety Administration (NHTSA), 3,275 people were killed in distraction-affected crashes across the United States in 2023. In Georgia, the problem is similar. Georgia Highway Safety reported that 55% of all motor vehicle crashes in the state involved at least one confirmed or suspected distracted driver.

The actual numbers may be higher, as distracted driving crashes are often underreported because the drivers may not admit to phone use after a car accident.

According to NHTSA, texting takes a driver’s eyes off the road for about five seconds. At highway speed, that’s like driving the length of a football field without looking. This mix of visual, manual, and mental distraction makes texting while driving especially risky.

Types of phone evidence

Modern smartphones create a lot of data that can show what a driver was doing before a crash. The types of evidence you can get include:

• Call records showing incoming and outgoing calls with precise timestamps
• Text message logs indicating when messages were sent and received
• Data usage records showing active internet or app use at specific times
• GPS and location data tracking vehicle positions
• App activity logs with timestamps from social media, navigation, and other applications

If these records show activity at the time of the crash, then that is strong proof that the driver was distracted. Besides calls and texts, phones use data for email, social media, streaming, and apps. GPS and location data can also show if a driver was entering navigation information while driving.

Georgia’s hands-free law

To reduce distracted driving, Georgia enacted strict laws that limit how drivers can use phones while behind the wheel. Georgia’s Hands-Free Law, which started in July 2018 under O.C.G.A. § 40-6-241, makes it illegal for drivers to hold or support a phone while driving.

The law also bans writing, sending, or reading texts, watching videos, and recording or broadcasting while behind the wheel. Still, many drivers break these rules and use their phones anyway.

The legal process for obtaining phone records

Getting another driver’s phone records requires taking legal action. You cannot just ask the phone company or the driver for them.

Filing a lawsuit

A subpoena is a court order requiring someone to provide documents. Phone records are typically obtained through subpoenas after a lawsuit is filed, although limited pre-suit discovery may be available in certain circumstances.

Acting quickly to preserve records

Time matters when it comes to phone records. Different phone companies keep data for different lengths of time. Some may not keep records at all, others only keep text message details for 90 days, while call logs might last a year or more. A distracted driving lawyer can quickly send letters to phone companies and the other driver, making them save important data before it gets deleted.

Once a lawsuit is filed, your attorney can subpoena records directly from the driver’s phone carrier. Major carriers like Verizon, AT&T, and T-Mobile have established procedures for responding to legal requests. In some cases, forensic examination of the phone itself may be necessary to recover data that carriers do not retain. Recovered data typically includes app activity and deleted messages.

Privacy considerations and legal limitations

Phone records are protected by privacy laws. Therefore, in order to access phone records, courts weigh privacy against the need for evidence in civil cases. Subpoenas should only focus on records around the time of the accident, not on a person’s entire phone history.

Phone companies usually give non-content records. This means that in ordinary civil discovery, you might see when a text was sent, but not what it said. In many distracted driving cases, just knowing the timing is enough to show the driver was using their phone when they should have been paying attention to the road.

Building your case using phone evidence

Phone records are the strongest when used with other types of evidence. To build a solid case, distracted driving lawyers often collect:

• Witness statements from people who saw the driver looking down or holding a phone
• Vehicle data from event data recorders showing failure to brake or take evasive action
• Physical evidence from the crash scene is consistent with driver inattention
• Traffic camera or surveillance footage capturing the moments before impact
• Expert testimony correlating phone activity with the time of the collision

In Georgia, breaking the Hands-Free Law during a crash can serve as strong evidence of negligence. When this is combined with phone records showing phone use, it can make your claim much stronger.

Why phone evidence matters for your recovery

Proving the other driver was distracted can affect how much compensation you get. Georgia’s modified comparative negligence law lowers your recovery if you’re partly at fault. If your fault is 50% or greater, you won’t be able to recover at all. Strong evidence that the other driver was texting or using apps makes it harder for them to blame you.

Phone records that show distraction also help when dealing with insurance companies. Adjusters who see clear evidence of phone use during a crash know the risk and may be more likely to offer a fair settlement.

Taking action after a suspected distracted driving crash

If you were hurt by a driver you think was using their phone, write down everything you remember about their appearance and actions right after the crash. Contact a distracted driving lawyer as soon as you can. The faster a lawyer can start the legal process, the better your chances of getting important records before they’re lost.

Reach out to the team at Harris Lowry Manton LLP to talk about your case and see how phone records can help your case. Our firm is experienced in investigating distracted driving cases and gathering the evidence needed to prove fault.