Accident-scene evidence includes phone records, vehicle data, and surveillance video that can help show whether a driver was texting, speeding, or failed to brake at the time of impact. This data can be especially important when drivers give conflicting accounts of an accident.
According to the National Highway Traffic Safety Administration, more than six million police-reported accidents happen every year. After a crash on I-10 or U.S. 98, one of the most important witnesses may not be a person; it may be the other driver's time-stamped phone use, or a device inside their car that recorded what happened seconds before impact.
But digital evidence does not always last. Security footage may be erased within days, and important vehicle data can be lost when a damaged car is repaired or sold.
If you were injured in a Florida car accident, knowing what evidence is available and how to preserve it could make a difference in your claim. Here's what digital evidence can reveal, how attorneys obtain it, and why acting quickly matters.
Speak with a Car Accident Attorney at TWWHB | Call (850) 438-4899
“Can phone records prove distracted driving in Florida?”
Yes, phone records can help prove that a driver was distracted by their phone at the time of impact. Phone records can help show whether a driver was using their phone around the time of a crash. They may reveal calls, text activity, or data use that investigators can compare with the accident timeline. However, phone activity alone does not always prove that a driver was distracted or caused the crash.
What phone records can reveal
Wireless carrier records may show when calls or text messages were sent or received. But these records have limits. For example:
App messages may not appear separately.
Messages sent through apps such as WhatsApp or Snapchat may appear only as data use.
Data use does not prove distraction.
Phones can play music, run navigation apps, or update information without the driver touching them.
Phone activity does not always identify the user.
Investigators may need other evidence to establish who was using the device.
A forensic examination of the phone itself may provide more details, such as app activity or screen use. Access to this information depends on the circumstances and applicable privacy rules. TWWHB works with forensic experts to analyze this evidence and create a narrative about what happened in the moments before the crash.
How Attorneys Obtain Phone Records After a Crash
An injured person cannot simply demand access to another driver's phone. Attorneys may seek relevant records through subpoenas, legal discovery, or a court-approved examination. Courts can also limit requests to protect private information unrelated to the accident.
Florida law prohibits texting while driving. Under certain circumstances, wireless billing records may be used as evidence after a crash involving injury or death. A Florida car accident attorney can help determine what phone evidence may be available and take legal steps to obtain it. Contact us for a free consultation to discuss your options.
What Can a Car's Black Box Reveal After a Crash?
Many newer vehicles have an event data recorder (EDR), commonly called a “black box.” This device stores information about how a vehicle was operating just before and during a crash. Depending on the vehicle, it may record speed, braking, accelerator use, seat belt use, airbag deployment, and changes in speed during impact.
Federal regulations require vehicles equipped with EDRs to record certain types of crash data.
Black box data can help investigators understand how an accident happened and who may be at fault. For example, if a driver claims they tried to stop before a collision, but the EDR shows no braking, that evidence could challenge their account. Combined with phone records showing activity just before the crash, the data may also help investigators determine whether distracted driving played a role.
Not every vehicle records the same information, and trained professionals may need specialized equipment to retrieve the data. Commercial trucks may also store information through other electronic systems.
Read More from TWWHB: Florida Truck Accident vs. Car Accident Claims: Key Differences
Other Digital Evidence That Can Prove Fault
Phone records and black box data are not the only sources of evidence after a crash. Other records may help show how an accident happened, including:
Dashcam footage
Video from vehicles involved in the crash or nearby drivers.
Security camera footage
Recordings from stores, gas stations, homes, or nearby businesses.
GPS and navigation records
Location and travel information that may help investigators trace a vehicle's movements.
Vehicle systems
Data from built-in screens and connected devices that may show phone connections or other activity.
Rideshare records
Trip and app information that may help establish what a rideshare driver was doing before the crash.
Digital evidence is most useful when combined with physical evidence, such as vehicle damage, skid marks, and witness statements. For example, security footage may show a driver running a red light, while vehicle data helps establish how fast the car was traveling. Together, these details can provide a clearer picture of what happened and who may be responsible.
If you suspect the other driver was distracted, TWWHB's motor vehicle accident attorneys can help determine what phone records or other evidence may support your claim. Contact our team to schedule a free consultation to discuss your legal options.
Your Own Phone Records Can Affect Your Florida Accident Claim
Insurance companies may look for evidence that you were distracted when the crash happened. If you were distracted at the time of the accident, that will affect your claim. If you were not on a device, your phone records may help answer questions about whether you were distracted or paying attention to the road.
Florida's 50% rule
Florida follows a modified comparative negligence rule; in most cases, you cannot recover damages if you are more than 50% responsible for your injuries. If you share some fault but are not more than 50% responsible, your compensation is reduced by your share of fault.
How to Preserve Digital Evidence After a Florida Car Accident
Digital evidence can disappear quickly. A business may erase security footage, and important vehicle data may be lost if a damaged car is repaired or destroyed. Many people do not realize this evidence is available, or that it can be lost. Taking these steps may help protect evidence that could support your claim:
Preserve your phone records.
Keep messages, call logs, photos, and other data from the day of the accident. Avoid deleting anything related to the crash.
Document nearby cameras.
Write down the names of businesses or homes that may have security footage. Save any video you have access to.
Protect the damaged vehicle.
If possible, ask your insurer about preserving the vehicle and its electronic data before repairs or disposal.
Write down what you remember.
Record anything you noticed about the other driver's behavior, including possible phone use.
Talk to an attorney about preservation letters.
A lawyer can send formal requests asking relevant people or businesses to preserve evidence.
You do not have to know how to download a vehicle's black box or obtain another driver's phone records. A car accident attorney can identify useful evidence, seek access through the proper legal process, and work with experts when needed. If you are still in the first days after a wreck, our guides on what you should do after an accident (and what not to do after an accident) are a good place to start.
Note
Important crash evidence may get lost if you delay filing your claim. If you were injured in a Northwest Florida car accident, our attorneys can help identify and preserve records that may support your claim. Call today to request a free consultation to discuss your next steps.
Frequently Asked Questions
Can I get the other driver's phone records after a Florida car accident?
Possibly. Florida law allows wireless billing records to be used as evidence in certain crashes involving injury or death. Attorneys may seek relevant records through subpoenas or the discovery process. However, access depends on the circumstances, and courts must consider the driver's privacy rights.
Can the police take the other driver's phone at the scene?
Generally, police need a warrant to search a phone, although legal exceptions may apply. Florida law also prohibits officers investigating texting violations from confiscating a phone while waiting for a search warrant or pressuring a driver into consenting to a search. In a civil accident claim, phone records are generally obtained through the legal process.
Does my car have a black box?
Most newer passenger vehicles do. Federal rules set what an EDR must record if a manufacturer installs one, and the vast majority of new vehicles sold in the U.S. include them. The data can be downloaded with specialized equipment, usually by a trained reconstruction expert.
How long does crash data last?
It varies widely. Some surveillance video is overwritten within days. EDR data can be lost when a vehicle is repaired or destroyed. Carrier records are kept for varying periods depending on the company and the type of record. The safest assumption is that every source has a clock running.
The other driver told the officer they were texting. Isn't that enough?
Not necessarily. Florida's accident report privilege generally keeps statements made for the crash report out of trial. Phone records, EDR data, and witness testimony often have to prove what that admission would have.
What does it cost to have a lawyer look into this?
Nothing up front. We handle car accident cases on a contingency fee, which means no fee unless we recover for you, and the initial consultation is free.
Car Accident? Protect the Evidence While You Can
If you or someone you love was injured in a crash in Pensacola, Gulf Breeze, Navarre, or anywhere in Northwest Florida, Taylor, Warren, Weidner, Hancock & Barnes, P.A. can help. Our attorneys investigate car accidents, work with experts to establish what happened, and help injured people pursue compensation.
Contact us today for a free case evaluation.
Call (850) 438-4899
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