When you get into an accident, you first worry about your injuries and medical expenses. If somebody else was responsible for your accident, you can get compensation for your damages by filing a claim against them. However, to do that, you will need to establish liability with the help of evidence and strong arguments.
One of the most important pieces of evidence is the cell phone record of the other party you suspect was responsible for the accident. In Iowa, if the other party deletes their cell phone records and tampers with evidence, it can become even more difficult to establish liability. It becomes difficult to know whether they were using their phone and were distracted.
If you suspect that the other driver has been deleting evidence to protect themself from liability, a team of RSH Legal - Iowa Personal Injury Lawyers can help you. Experienced attorneys know how to deal with lost evidence and recover them.
How Cell Phone Records Help in a Personal Injury Case
Cell phone records in a personal injury case are crucial to determine whether the driver was engaged in distracting activities right before the accident occurred. This helps in establishing if the driver’s distraction caused by the cell phone was the reason behind the accident. Texting and calling someone while driving can create cognitive, physical, and visual distractions.
By looking at call logs, text messages, and app usage, investigators can understand whether the phone was being used before the accident. Additionally, cell phone records help establish a timeline and location using GPS data, which can track the driver's movements leading up to the accident. Communication history also reveals much information about the driver’s distractions.
What does it mean when the other driver deletes cell phone records?
When a party involved in an accident attempts to delete their cell phone records, it is often seen as an act of destruction of evidence. Courts typically look at such actions in a dim view and consider them to be concealment of evidence. The driver may face legal penalties. In worse cases, they may face adverse inferences being drawn against them.
The deletion of cell phone records can cause the courts and opposing parties to think that they are liable for the accident. This is because when one erases potential evidence, they indicate that they might have done something wrong. Such an action can shift the burden of proof onto the driver to demonstrate their innocence.
If it becomes known that a driver has tampered with evidence, judges and juries may view them as untrustworthy. Once the judges and juries become skeptical, their arguments and defense strategies may become ineffective. Once you lose credibility with the court, it becomes difficult to win the case.
What can you do if you suspect that the other party has deleted evidence?
If you suspect that the other party has deleted evidence, it is important to gather alternate evidence to support your case. Other evidence includes video footage from traffic cameras, nearby businesses, or witnesses. Other electronic records, such as GPS data or social media activity, can also be used as strong evidence.
Additionally, it is important to work with an experienced attorney who has handled such cases before and knows what to do next. They will know where to find alternate evidence and how to best address the implications of deleted evidence in court.
Your attorney can also help you get a forensic analysis. Digital forensic experts may be able to recover deleted data from devices and bypass common data access challenges. Even if the records appear to be gone, they may be able to retrieve the data.
Suspect deleted evidence?
If you suspect that the other party has deleted incriminating evidence, hire a car accident attorney in Iowa today!
