The Legal Impact of Speeding Apps and Distracted Driving Evidence

It is estimated that there are over 8.93 million mobile apps available on platforms worldwide, including the 2 million on the Apple App Store alone.

No matter what you need to accomplish on your phone, there’s an app for that. Unfortunately, some of these apps can lead to driving risks, and it’s not just about being distracted. It is also about potentially breaking the law with speeding apps.

If you get into an accident caused by another driver’s speeding or distraction, that driver should be held accountable. That can involve filing a personal injury claim against the driver and their insurance company.

Working with an experienced Jackson distracted driving accident attorney is the best way to help you recover compensation for medical expenses and lost wages resulting from any injuries sustained in the accident.

These are the types of cases where technology can be used to prove the driver was speeding or distracted, and that will go a long way towards supporting.

The Rise of Telematics and Speeding Apps in Litigation

The same apps that you use for directions work both ways. In other words, you get to see where you’re going but only because the app tracks where you are. This is referred to as telematics, and it is increasingly being used in litigation to prove or disprove a driver’s actions.

There are apps like Life360 or Waze that help parents track their teens’ driving behavior. They have features that can collect the following data:

• GPS location data
• Timestamps
• Recorded speed and velocity
• Route history
• Acceleration and braking patterns
• Screen activity logs

There are also speed-tracking or speedometer apps that display a car’s real-time speed.

They also issue alerts when the speed limit is exceeded. That’s the good news. The bad news is that there are also apps that alert drivers to approaching traffic light cameras. This could lead a driver to find a way to speed without getting caught.

If you are involved in an accident, your attorney can access the other driver’s app history. That can be used in support of your claim.

How Speeding App Data Serves as Distracted Driving Evidence

When you file a claim, you have to present evidence in support of your assertions that the other driver’s negligence caused the accident. In some instances, that can be hard to determine from your perspective.

If you’re inside your car, you might not always see what the other driver is up to moments before the crash. Speeding app data can demonstrate those actions.

If the data is properly trained and authenticated, it can show the following:

• The exact time the app was open
• Whether alerts were triggered
• The vehicle’s speed at specific moments
• Whether the phone screen was actively in use

The same data can show whether an app was open and in use at the time of the accident.

That can prove the driver was distracted. This is the type of evidence that can’t easily be erased. It will also require the support of a skilled accident attorney to get access to.

The Role of Subpoenas in Obtaining Cell Phone Records

Although your phone can store vast amounts of data, not all of the information that would be pertinent to your accident claim would be found on the other driver’s phone. Some of that data might be held by their cellular carrier or a third-party app developer.

In those situations, your attorney can subpoena the records, which can reveal the following information:

• Call logs
• Text message metadata
• App usage logs
• Location data
• Speed and tracking records

You and your attorney must seek out this data as soon as possible. Some providers retain data for only a limited period. If they have no reason to keep it, it will be deleted to make room for new customer data.

Unless you send a subpoena or formal discovery request, you won’t be able to access the information.

Comparative Negligence and Your Digital Trail

When it comes to digital evidence, it can work for you or against you. That is especially true in Mississippi, where comparative negligence laws can mean that you could be held partially responsible for the accident. That means the other driver will also be attempting to access your driving data.

The good news is that even if you were found partially responsible, you are still able to pursue a claim. You must be transparent with your attorney, so they have all the information they need to mount a strong defense.

How an Attorney Leverages Technology to Prove Fault

Police reports, surveillance footage, and witness statements are all crucial pieces of evidence to support your personal accident claim, but other types of evidence should also be considered. The Jackson distracted driving accident attorneys at Pittman, Roberts & Welsh, PLLC can help gather all the essential information you need to prevail in your claim.

Our attorneys have years of experience accessing vehicle black box data and other telematics. We also know how to effectively use this information to clearly establish liability.

That information will first be presented to the insurance carrier that represents the at-fault driver. If the insurance carrier balks at settling for a fair amount, we can proceed to a civil lawsuit and present the same evidence to a jury. That will make a compelling case.

If you were injured in a crash in Jackson or anywhere in Mississippi, do not assume that your case rests solely on eyewitness accounts. Modern digital evidence may hold the key to proving fault.

Contact us today to learn how technology can help protect your rights.