Outbound text messages and social media posts are important evidence in a personal injury case. How can you prove a driver was distracted by cell phone use and therefore at fault and liable for the injuries you sustained in a car accident?
My name is Rivers Morrell and I have more than 40 years of experience in personal injury cases. Recently, more and more of these cases involve distracted drivers and the use of a cell phone while driving. Personal injury cases involving cell phone use are quite legally complex. We have the resources, legal skill and trial experience necessary to obtain evidence, document your case and present a compelling argument to the insurance company or at trial to ensure you receive the best possible outcome in your case. We are able to obtain crucial evidence you would not be able to access on your own.
One example is outgoing text messages. There is no way to prove an incoming text message is proof of distraction in California. The driver may not have had access to their phone and it is not usually possible to prove they could actually see an incoming text message. This is often classified as “hearsay” evidence in our courts. However, it is possible to prove a driver was using their cell phone to make social media posts and outgoing text messages while they were driving.
It is possible to compel this evidence as part of “discovery” in our case. The cell phone service providers (Verizon, Sprint, AT&T and T Mobile) may not be able to provide details of this behavior directly from their system after a few days. However, we can seek a court order for a forensic download of the phone belonging to the driver at fault. We can also seek copies of usage, phone calls, texts and associated time frames from cell company invoices, user interfaces, documents and records which help to establish the driver was actively using their cell phone while they were driving and often at the moment of impact.
Outbound text messages and social media posts are important evidence in a personal injury case. If you have suffered injury in a car accident or collision with a commercial vehicle you need the advice, counsel and representation of the experienced and proven personal injury attorneys at the Law Firm of Rivers Morrell. Check out the recommendations of our clients and the legal industry and contact us or call 949-305-1400 to speak with Rivers personally for a free consultation.
There is no cost to our clients out of pocket as we work on a contingency fee basis.
