Can I Use My Phone Records to Prove I Wasn’t Distracted?

Can I Use My Phone Records to Prove I Wasn’t Distracted?

On Behalf of Rosenthal, Levy, Simon & Sosa | May 12, 2025 | Car Accidents

Distraction on our roadways is a serious concern, and distraction, especially smartphone usage, is a common cause of traffic accidents. While we tend to think of our phone records as private information, they are sometimes classified as evidence. As such, this record of incoming and outgoing calls and texts – both yours and the other driver’s – can potentially play an important role in your car accident claim. If you’ve been injured by another driver’s distraction or any other form of negligence, seek the skilled legal representation of an experienced West Palm Beach car accident attorney today.

Proving Driver Negligence

When it comes to bringing a successful car accident claim, you’ll need to prove the other driver’s negligence, which comes down to providing convincing evidence. While eyewitness testimony, the police report, dashcam, security camera, and footage captured by bystanders can all help establish fault, proving distraction tends to be very challenging. Phone records, however, can nearly definitively prove whether a driver was distracted by their phone at the time of the accident. 

This works both ways. For example, it can not only help you demonstrate that, contrary to the other driver’s claim, you were not distracted by your phone when the accident happened, but it can also help prove that the other driver was distracted, depending on the circumstances involved.

When Phone Records Are Accessible

Phone companies don’t share private phone records unless there is a compelling reason for doing so, which includes all the following:

• If you give the phone company permission to share your records, such as in an effort to prove you weren’t on your phone when the accident occurred
• If you have a subpoena to obtain the information, such as if you need the other driver’s phone records
• If the insurance company has reason to believe that the records are needed in order to process the claim correctly

Distracted Driving Is a Serious Threat

The NHTSA reports that distracted driving claimed 3,275 lives in 2023 alone. While distracted driving can involve anything that distracts a driver from the task of driving safely, texting is identified as being the most alarming distraction of all. In fact, in the average of five seconds that it takes to type or read a text, a motorist who is driving at highway speeds travels the length of a football field. This emphasizes just how important phone records can be to car accident claims. 

Make the Call to an Experienced West Palm Beach Car Accident Lawyer Today

The accomplished West Palm Beach car accident attorneys at Rosenthal, Levy, Simon & Sosa are well prepared and well positioned to fiercely advocate for your rights and for your rightful compensation in the aftermath of a car accident, and we’ll spare no effort in the process. The outcome of your claim is important to your future, so please don’t put off reaching out and contacting us online or calling us at (866) 640-7117 to learn more about what we can do to help you today.

On Behalf of Rosenthal, Levy, Simon & Sosa | April 28, 2025 | Car Accidents

If you were seriously injured by a negligent driver who was on the job and driving a company car at the time, it could make an already complicated legal matter seem more so. This does not, however, have to be the case – you can seek fair compensation through the insurance provider of the driver’s employer, which means you can expect robust coverage. To ensure that you receive the compensation you deserve, you shouldn’t wait to consult with an experienced West Palm Beach car accident attorney.

The Scope of the Driver’s Employment

If the driver was driving the company vehicle under the scope of their employment, which means while carrying out their job in some capacity, you can file your claim with the employer’s insurance provider. Employers are held responsible for their employees’ actions when they’re on the job, including when they cause car accidents. As such, if the other driver was performing work-related duties, you can hold their employer liable for the physical, financial, and emotional losses you suffer.

Assessing the Full Range of Your Losses

A key component of your car accident claim is accurately assessing the full range of your covered losses in each of the following main categories:

• Property damage to your vehicle and to any of its contents that are damaged
• Related medical expenses, including your future healthcare needs
• Lost earnings, including those related to your earning potential
• Physical and emotional pain and suffering, which can be immense

Your compassionate car accident lawyer will do what it takes to clearly demonstrate the extent of your losses, which includes carefully gathering all the following forms of evidence:

• Your medical bills and your doctor’s report regarding the extent of your injuries, your prognosis, and the degree to which you will continue to require medical attention, tests, procedures, and therapy into the future
• Your relevant medical records
• Your own account of how the accident has affected your life – as well as input on the subject from those who know you well
• Testimony from medical professionals with expertise in the kind of injuries you’ve suffered

Protecting Your Claim 

If someone in a company car leaves you seriously injured, taking the following steps is good advice across the board – regardless of the unique circumstances that apply:

• Always put safety first by seeking immediate medical attention.
• Begin working closely with a skilled car accident attorney as soon as you’re able to do so.
• Let your lawyer speak to the insurance company on your behalf, which ensures that you won’t say anything that could accidentally harm your claim.
• Stay off social media for the same reason.

The involved insurance company is all too aware of everything you have to say regarding the car accident in question, and it’s not above using an innocent comment to damage your claim if it can make that happen.

An Experienced West Palm Beach Car Accident Lawyer Is Here to Help 

The well-respected West Palm Beach car accident attorneys at Rosenthal, Levy, Simon & Sosa are committed to fiercely advocating for your claim’s optimal outcome, and we’ll spare no effort in our quest to do so. Learn more about what we can do to help by contacting us online or calling us today.