Content reviewed by:
Alex Shulman
Cell phone records can prove distracted driving if the timing of phone use lines up with the crash and matches other evidence, such as witness statements and police reports.
If you are recovering from serious injuries caused by a crash with a driver suspected of using a phone while behind the wheel, our New York City car accident lawyer will pursue damages for you. These cases can get technical fast, especially when trying to prove exactly when a driver looked at their phone.
Our team reviews phone data, crash reports, and other evidence to understand what happened. We will work to connect the proof we have to your injuries and pursue the damages you deserve.
What Cell Phone Records Can Show After a Crash
Cell phone records can reflect a timeline of activity. They do not show everything a driver did, but they can reveal key details.
These records may show:
- Calls made or received, including the time and length of each call
- When a text message was sent or opened
- Data use, such as app activity, internet browsing, or social media use
- Location data, which shows where the phone was at a certain time
This information helps place the driver on their phone close to the crash. In some cases, the timing lines up within seconds of impact.
How Cell Phone Records Help Prove Distracted Driving
Cell phone records work best when paired with other proof. On their own, they may raise questions. But when combined with other evidence, they can tell a stronger story.
For example:
- A text was sent at 3:15 p.m.
- A crash was reported at 3:16 p.m.
- A witness saw the driver looking down while operating the vehicle.
That combination can show the driver was likely distracted at the time of the crash.
New York law requires drivers to stay focused on the road. Under New York Vehicle and Traffic Law § 1225-D, drivers cannot use handheld devices for texting, emailing, or browsing while driving. Records that show this type of use can support a claim that the driver broke the law.
When Cell Phone Records May Not Be Enough
Cell phone records do not always prove that someone was distracted while driving. There can be limits. For example, a call may have ended before the crash, or a text may have been received but not read. Even if use is recorded, the phone could have been used hands-free.
Insurance companies may use gaps like these to argue that the driver was not distracted at the exact moment the cars made contact. This is why timing matters. Even a difference of a minute can change how the evidence is reviewed.
Other Challenges in These Cases
Drivers rarely admit they were using their phone before the accident.
Common issues we see in these cases include:
- Deleted messages: Some data may have been erased and may not be easy to recover.
- Multiple users: The driver may claim someone else used their phone.
- Hands-free claims: Drivers may say they followed the law and didn’t have a phone in their hand when the crash happened.
- Lack of witnesses: No one saw the driver using a phone.
Other Evidence That Can Support a Distracted Driving Case
We can use other types of proof to show what happened. In addition to police reports, which may note if a driver admitted phone use, and reports from people who may have seen the driver looking down, we can check:
- Traffic camera or surveillance footage that shows the driver’s actions
- Vehicle data that tracks speed, braking, and movement before the crash
- Phone activity logs that show calls, texts, or app use close to the time of the crash
- Photos from the scene that capture the driver’s position or distractions
- Medical records that help connect the crash to your injuries
We use each piece of evidence to support the cases we build for clients.
How Our Lawyers Get Cell Phone Records in New York
Drivers’ cell phone records are private, so you usually cannot access them on your own. A lawyer from our team may request them through either a subpoena, which is a legal order sent to the phone carrier, or through a discovery request, where both sides share evidence.
New York courts allow this process when the records relate to the crash. Requests often focus on a short time before the crash or the specific types of activity, like text messages or calls. This keeps the request tied to the case and avoids digging into unrelated personal data.
Recoverable Damages in Distracted Driving Cases
If distracted driving caused your crash, and you suffered serious injuries that allow you to pursue damages beyond what your personal injury protection (PIP) insurance covers, you may be able to pursue damages from the other driver’s insurance for your losses, such as:
- Medical bills and future care
- Lost wages and reduced earning ability
- Pain and suffering
- Property damage
- Loss of enjoyment of daily life
In fatal cases, our New York City wrongful death lawyer helps families pursue wrongful death damages under New York law.
Talk With Us About Using Cell Phone Records to Prove Distracted Driving
In many cases, cell phone records can play a major role when combined with the right evidence. New York takes distracted driving seriously. The law makes it illegal to use handheld devices while driving. At Shulman & Hill, our New York City personal injury lawyers examine every detail, including phone data, as we build cases for injured New Yorkers.
We can work with experts to match phone activity with crash data to help narrow down what the driver was doing when the crash happened. Our firm brings 200+ years of combined experience and has recovered more than $1 billion for clients.
We handle complex injury cases across New York City. There are no upfront fees, and you pay only if we recover damages for you. If you were hurt in a crash and believe cell phone use played a role, call for a free consultation today. Every Borough, Every Block, New York, We Got You.