You probably have your smartphone on you right now, or at least within arm’s reach. It goes without saying that this technology has changed the world in profound ways, and that includes the world of personal injury law. Smartphones can indeed have a significant impact on personal injury cases.
Whether used as evidence to demonstrate negligence, distractions,or as a means of communication following an accident, smartphone records can make or break a case. This blog post will explore the importance of smartphone records in personal injury cases and the various types of records that can affect your case. Great West Injury Law can help you if your posts endanger your rightful compensation.
Smartphone Records in Personal Injury Cases
Smartphone records can contain all sorts of data related to a person’s location, moment-to-moment actions, and communications surrounding a particular incident. As such, smartphone records have become a critical piece of evidence in establishing fault, determining the extent of damages, and confirming the veracity of someone’s claims. These records can help demonstrate the following in a personal injury case:
- Negligence: In personal injury cases, proving negligence is essential. Smartphone records can provide valuable evidence of the at-fault party’s distracted behavior, such as texting or talking on the phone while driving, which may have contributed to the accident.
- Timeline of Events: Smartphone records can help establish a clear timeline of events leading up to and following the accident. This information can be crucial in determining the severity of injuries, the extent of property damage, and the overall impact of the accident on the victim’s life.
- Communication: Records of communication between the involved parties, such as text messages, phone calls, or social media interactions, can provide important context to the case. For example, an apology or admission of fault through a text message can sink a case fast.
All three of these elements of a personal injury case can affect its eventual outcome, which means if you aren’t careful with your records and smartphone use, your compensation could end up reduced or you could even lose the case entirely. Therefore, it’s important to have a thorough understanding of what’s at stake when you pull your phone out after any kind of accident or incident.
Of course, the term “smartphone records” encompasses a large variety of data, and understanding the different types of smartphone records that may exist is as crucial as understanding how they can impact your case. The records that can impact a case include, but are not limited to:
- Call Logs: Records of incoming and outgoing calls, including timestamps and duration.
- Text Messages: Records of sent and received text messages, along with their content and timestamps.
- GPS Data: Location information, which can help establish the whereabouts of involved parties before, during, and after the accident.
- Social Media Activity: Posts, messages, and interactions that may provide insight into the circumstances surrounding the accident.
- Internet Browsing History: Websites visited and searches conducted on the device, which may indicate distraction or negligence.
- App Usage Data: Information on the usage of various apps on the device, particularly those that could contribute to distractions while driving.
Best Smartphone Data Practices
With smartphones’ increasing ubiquity, personal data security has become an important topic. It’s crucial to take proactive steps to ensure that your smartphone records do not negatively impact your personal injury case. Here are some best practices to follow:
- Limit Social Media Activity: Be cautious about what you post on social media following an accident. Anything you share, including photos, updates, or comments, could be used against you in your personal injury case.
- Avoid Distractions: Always prioritize safety and avoid using your smartphone while driving. This includes texting, calling, browsing the internet, and using social media.
- Be Mindful of Communications: After an accident, be cautious with what you say or write in text messages, phone calls, or social media posts. Avoid making any statements that could be construed as admissions of fault or liability.
- Preserve Evidence: If you have any relevant information on your smartphone, such as photos or videos from the accident scene, make sure to back up and preserve this evidence. It may be helpful for your case.
- Secure Your Device: Consider using a password or biometric authentication to protect your smartphone, as this can help prevent unauthorized access to your personal information and records.
- Disable Location Services: While location data can sometimes help a case, it is essential to be cautious with your location settings. Consider disabling location services on your device when not in use to limit the amount of data available for potential misuse.
- Review Privacy Settings: Regularly review and adjust your smartphone’s privacy settings to limit the amount of personal information that is accessible to others, particularly on social media platforms.
- Consult with an Attorney: Speak with a personal injury attorney as soon as possible after an accident. They can provide guidance on how to handle your smartphone records and other evidence and ensure that your case is protected.
By following these, you can minimize the potential negative impact of your smartphone records on your personal injury case and increase the likelihood of a favorable outcome.
Use That Phone to Call Great West Injury Law
The personal injury lawyers at Great West Injury Law have experience dealing with smartphone records in clients’ cases. We know how to handle insurance companies, who might go sniffing around for any bit of data that can negatively impact your case, and we know how to use smartphone records to our clients’ advantage.
If you’ve been injured by someone else’s negligence, put that smartphone to smart use and call Great West Injury Law for a free consultation.
