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.