How is Cell Phone Data Used for Injury Claims?

Let’s say you’ve just been in a car crash on Route 9 or maybe in downtown Boston. You’re fine, mostly. But the damage? Pretty bad. The other driver swears they weren’t on their phone, that they had the light, that they were paying attention.

But you know that’s not the full story.

And here’s the thing—your phone (or theirs) might prove it.

In today’s digital world, mobile devices don’t just make calls or send texts. They log our locations, record our habits, and, yes, track our every swipe and scroll. For injured people looking to prove what really happened, cell phone data has become a powerful legal tool.

If you’re wondering how this works, or how a personal injury lawyer in Massachusetts might use it to support your claim, read on.

What cell phone data can be used in a personal injury claim?

Cell phones hold more than just your contacts and emails. In fact, they may be quietly collecting key evidence—evidence that can tell a very specific story.

• Text messages. Were they texting while driving? A timestamped message minutes—or seconds—before the crash can say a lot.
• Call logs. Talking on the phone, even hands-free, can be distracting. Logs can show if they were mid-conversation at the time of impact.
• GPS data. Maybe they claim they weren’t even near the scene. GPS history might tell a different story—route taken, speed, stop times.
• App usage. Were they scrolling TikTok at a red light? Sending a Snapchat at 60 mph? Usage logs may reveal app activity in real time.
• Photos and videos. Sometimes, accident victims snap pictures right after the crash. These come with time, date, and even geolocation stamps.

Here’s where it gets interesting. When a story doesn’t add up, digital evidence often fills in the gaps.

How do Massachusetts lawyers access this kind of data?

Let’s be clear: you can’t just walk into court and demand someone’s phone records.

In Massachusetts, your attorney must follow legal procedures to obtain this kind of private data. Sometimes, a person willingly turns over their device, especially if it helps their side. But often, data access happens through the discovery process in litigation.

A personal injury lawyer may file a motion or request a subpoena to get access to:

• Phone records from carriers like Verizon or T-Mobile
• Location history from apps like Google Maps
• Phone usage data directly from the device (when available)

Accessing records from third-party providers like cell carriers or an app company may be further complicated because of privacy laws, so your attorney will need to work to find a solution. In more complex cases, a digital forensics expert may step in to extract or recover deleted data. This can be especially helpful if someone has tried to cover their tracks.

But it’s not automatic. Judges consider the relevance of the request and the privacy rights involved. The data has to matter—meaning it must directly support your case or dispute a claim made by the other party.

What can cell phone data actually prove?

Let’s say the driver who hit you insists they weren’t distracted. But their phone? It shows a message was being typed when the collision occurred. That’s not just suspicious—that’s proof.

Here are a few more ways this kind of data can help:

• Using a phone while driving violates Massachusetts law under MGL c. 90 §13B. Texting, browsing, or watching a video behind the wheel can show a clear breach of duty.
• Timeline clarity. GPS data can be matched with traffic camera footage, 911 calls, or witness accounts to create a precise timeline of events.
• Location accuracy. If someone claims they weren’t in the area—or that they had the green light—GPS or map history may show otherwise.
• If someone says they were focused, not distracted, but their screen time report tells a different story, that’s a red flag.
• Backing up your version. Maybe you said the crash happened just after someone ran a light. If their data shows they were using Instagram at that exact moment, you’ve got leverage.

What about privacy laws in Massachusetts?

You might be thinking: Wait–can they really just get my phone records like that?

Not quite. In Massachusetts, like the rest of the United States, digital privacy is a serious matter. Courts are careful not to allow “fishing expeditions” where one party tries to grab everything off a phone just to see what might help.

Here’s what matters:

• The request must be specific and relevant to the case.
• A judge has to approve access to private data unless it’s handed over voluntarily.
• Both sides have the opportunity to object or limit what is shared.
• Some data, like social media DMs or deleted files, may require expert recovery methods.

This is why working with an experienced personal injury lawyer is crucial. They know how to navigate these legal protections, respecting privacy while still pushing to secure the data you need.

What should you do if you think cell phone data can help your case?

First, don’t panic. Second, don’t delete anything.

Even if you’re unsure whether your phone holds valuable evidence, preserving that data is the safest move. Deleting texts or clearing browser history, even if innocent, can raise questions.

Instead:

• Screenshot text threads or call logs related to the accident
• Back up any photos or videos taken before or after the crash
• Save your map history or timeline (especially if you were walking or driving)
• Talk to your attorney before sharing your phone or handing it over

In Massachusetts, cell phone evidence must be handled carefully. It’s not just about proving your case. It’s about doing it the right way.

Cell phone data can strengthen your case—if it’s handled right

Cell phones aren’t just accessories anymore—they’re silent witnesses. They track where we’ve been, what we’ve done, and when we’ve done it. And in personal injury cases? That kind of record can be invaluable.

But it’s also tricky. Massachusetts law is clear: your privacy matters. So if you’re thinking your phone—or someone else’s—could help you prove fault or defend against a false claim, don’t go it alone.

Let a seasoned personal injury lawyer guide the process. They know how to obtain the data, interpret it, and present it legally and persuasively.

Ready to talk? We’re here to help you understand your rights, protect your privacy, and build the strongest case possible. Schedule your free consultation today.