Distracted driving is one of the leading causes of serious car accidents in Nebraska, and smartphones are often to blame. Whether a driver is texting, checking social media, or using GPS while behind the wheel, taking their eyes off the road for even a few seconds can lead to devastating consequences.
Proving that another driver was distracted at the time of a crash isn’t always easy, especially without eyewitnesses, but at Friedman Law Offices, we know how to uncover the truth.
One powerful tool in these cases is the driver’s phone records. If we can show that the driver was using their phone at the time of the crash, it helps prove they violated their legal duty of care. This is a crucial element in establishing negligence and holding them liable under Nebraska law.
Smartphone Distractions Behind the Wheel
According to the Nebraska Department of Transportation’s “Buckle Up Phone Down” campaign, 3,405 drivers were involved in distracted driving crashes across the state in 2023, including 629 incidents that specifically involved cell phone use.
While distractions include eating or adjusting the radio, cell phone use is among the most common and dangerous behaviors in modern crashes.
Here’s why:
- Texting: Just five seconds of inattention at 55 mph is like driving the length of a football field blind.
- App use: Social media, video streaming, or navigation apps create longer, sustained distractions.
- Hands-free devices: Bluetooth or voice commands can cause cognitive distraction and slow reaction times.
Many drivers won’t admit to using their devices before a crash, so phone records are often critical to revealing what happened.
How Phone Records Help Prove Distracted Driving
While distracted driving isn’t always immediately obvious, cell phone records can offer a clear activity timeline leading up to the crash.
Phone records can include:
- Call logs show whether the driver was on a call during the accident.
- Text message timestamps reveal when messages were sent or received.
- App usage history identifies whether apps like Facebook, TikTok, or a GPS app were active.
- Data usage reports showing if data was being used at specific moments, even if the driver didn’t send any texts or make any phone calls.
Phone records help establish negligence and increase the likelihood of a fair settlement or favorable trial outcome, especially when the driver denies wrongdoing. This kind of hard evidence often forces insurers to settle faster and for higher amounts, knowing a jury could side with the victim if the case goes to trial.
How Our Lawyers Uncover the Evidence You Need
Accessing phone records requires legal authority. Our experienced Lincoln car accident lawyers know how to use the discovery process to request and obtain this crucial evidence.
Here’s how it works:
- Subpoena: If we believe a driver’s phone use contributed to the accident, we can issue a subpoena to their cell phone provider to release records.
- Court Order: If the provider resists or the driver refuses consent, we can request a court order for disclosure.
- Expert Analysis: Once we have the records, we work with technical experts and forensic analysts to match phone activity timestamps with the moment of impact to build a clear narrative of distraction.
This evidence is helpful in cases where the at-fault driver denies responsibility or tries to deflect blame. It can also strengthen negotiations with insurance companies or present a persuasive case in court.
Distracted Driving Cases Require Fast, Strategic Action
Time is critical in distracted driving claims. The sooner you act, the easier it is to preserve phone records, vehicle data, and other key evidence. Waiting too long can mean lost evidence or incomplete records, especially if phone carriers routinely delete older data.
That’s why working with a legal team that understands how to move quickly, file the proper motions, and analyze technical data is essential. Our attorneys have decades of experience fighting for crash victims throughout Nebraska, and we know how to expose dangerous driving habits using credible documentation.
Get Help From Lincoln Car Accident Lawyers Who Know How to Build a Case
If you or a loved one were injured in a car crash and suspect distracted driving was involved, don’t leave your case to chance. Phone records may hold the proof you need to secure full compensation for your medical bills, lost income, pain, and suffering.
We know how to investigate distracted driving claims, gather the necessary evidence, and build a strong case from day one. Contact us for a free consultation today, and let us fight for the restitution you deserve.