Using Cellphone Data to Prove Distracted Driving in Oregon

Posted on behalf of RizkLaw on Jul 31, 2019 in Auto Accident

Distracted driving car crashes are on the rise in Oregon. Between 2013 and 2017, there were 95 fatalities from crashes involving a distracted driver, according to the Oregon Department of Transportation (ODOT). In that same period, distracted driving crashes caused more than 18,400 injuries.

 Cellphones are one of the most common distractions for drivers. When drivers cause an accident because they were on their cellphones, victims need evidence of this if they want to have a chance of pursuing compensation for damages from the crash.

One type of evidence that might be available is the driver’s cellphone records. Below, learn more about what cellphone records may contain and what might be missing. You can discuss your distracted driving accident in a free consultation with an auto accident attorney in Portland from Rizk Law.

Evidence from Cellphone Logs

Every activity someone engages in on a cellphone is time-stamped. If someone was talking or texting on their cellphone when an accident occurred, cellphone records could be used to prove it.

Even if the at-fault driver deletes the text messages or emails he or she received or sent around the time of the accident, it could still be in the cellphone records.

However, cellphone records might not tell the entire story of a distracted driving accident. For example, under state law, drivers are allowed one touch or swipe of a cellphone mounted on the window or dashboard. It may be difficult to hold a driver liable for damages if he or she was obeying the law.

If you have a case and choose to be represented by one of Rizk Law’s experienced attorneys, he or she might review cellphone records to help get a better idea about what happened in your crash.

Other Types of Evidence in Distracted Driving Claims

There are various other kinds of evidence that could be used to help prove a driver was distracted at the time of the crash, including:

• Accident scene reconstruction: The scene can be partially reconstructed by reviewing physical evidence about the crash, such as a vehicle defect, road debris, bad weather, etc.
• Video: if the accident occurred in a commercial area, police will likely search for video footage from traffic cameras and other cameras installed at local businesses. Nearby witnesses may also have recorded the accident with their cellphones.
• The police report: A police report provides an official record of the accident and may be especially useful if an officer witnessed the driver engaging in distracting behavior prior to the accident or as it was happening.
• Witness statements: Witnesses can be useful, especially if you obtain a statement from them on the scene or soon after, while the events of the crash are still fresh in their memories. They may have seen the driver on his or her cellphone right before the accident happened.

Call an Attorney to Discuss Your Accident

One of the reasons using a cellphone while driving is so dangerous is that it may involve all four types of distractions:

• Cognitive distraction: daydreaming or thinking about something that has nothing to do with operating your vehicle
• Manual distraction: using one or both hands to reach for or handle something other than the steering wheel
• Auditory distraction: listening to or hearing something that does not relate to driving
• Visual distraction: looking at something inside or outside of the vehicle that takes your focus off the road

If you suffered an injury in a car accident involving a distracted driver on a cellphone, you could benefit from talking to an experienced attorney about your situation. The attorneys at Rizk Law have a track record of recovering fair compensation for car accident victims.   

Call the office today at 503.245.5677 to schedule your free, no obligation consultation. If you have a case and choose to be represented by one of our attorneys, there are no upfront fees unless you receive compensation.