When a crash or fall turns your life upside down, the story of what really happened often lives on your smartphone. Location breadcrumbs, movement patterns, photos, messages, and app logs can help us prove fault, defend your credibility, and maximize compensation. In modern injury cases, cell phone data is often the difference between a disputed narrative and a documented one. That is why “cell phone data accident NJ” and “digital evidence personal injury” are no longer buzzwords. They are case-winning tools when we preserve and use them correctly.
Below, we explain what your iPhone and Android can show after an incident, how we preserve that data the right way, and the privacy pitfalls to avoid. We also outline how our team at Cohen & Riechelson assembles this digital puzzle so insurers and juries see a clear picture of what happened.
Why Smartphone Evidence Matters in NJ Injury Cases
Distracted driving remains a major factor in crashes nationwide. The National Highway Traffic Safety Administration reported 3,275 people killed and an estimated 324,819 people injured in distraction-affected crashes in 2023. That is not abstract. In a New Jersey case, proving a driver’s phone use or your safe behavior can tip the liability and damages. Phone records, app logs, and sensor data can establish timelines, speed, braking, and whether someone interacted with a device moments before impact. Investigators and reconstruction experts increasingly use these sources to confirm or refute what witnesses say.
What iPhones and Androids Actually Record That Can Help Your Claim
1) Location history that draws a timeline
- Google Maps timeline: For users who opt in, Google stores detailed routes and stops. Timeline records where and when a device traveled, which we can compare to police reports, telematics, or surveillance. Google explains how Timeline works and how users manage or export that data.
- Apple location features: iPhones keep certain location features to personalize services on the device. Articles that walk users through viewing Apple’s Significant Locations and Google Maps history illustrate how these logs can show dates and places visited.
Recent product changes matter. Google has been transitioning Timeline storage toward on-device control, and news outlets have reported issues where some cloud-stored Timeline data was deleted for certain users unless backups were enabled. The upshot for litigants is that location data may be more ephemeral and device-centric than before, so early preservation is critical.
2) Motion, driving, and activity cues
- iPhone crash detection: Supported models can automatically detect severe car crashes using advanced motion sensors and then initiate emergency responses. That detection event, along with associated timing, can corroborate when a crash occurred.
- Walking steadiness and falls: The iPhone Health app can analyze balance and gait patterns when the phone is carried near the waist. While not a “fall detector” for all scenarios, these mobility metrics can support before-and-after comparisons for injury impact.
- Android activity recognition: Google’s Activity Recognition APIs enable apps to infer when a user starts driving, walking, or running using on-device sensors. App logs built on these APIs can help confirm whether a driver was likely driving at a certain time.
3) Photos and videos with embedded metadata
Every photo and video can carry EXIF metadata that includes capture time and, often, GPS coordinates. When you photograph vehicle damage or a hazard, the image’s metadata can authenticate when and where it was taken, which is powerful against claims that pictures were staged.
4) Communications and app usage
Call and text logs, messaging timestamps, and certain app activity can show what someone was doing right before the crash. Records may indicate a call started seconds before impact or that an app was in active use, which supports or rebuts distraction theories.
How We Lawfully Preserve Smartphone Evidence So it Stands Up in Court
Step 1: Issue prompt preservation instructions
Once litigation is reasonably anticipated, all parties must preserve relevant electronically stored information, known as ESI. Courts treat phone data like any other ESI for discovery and sanctions. New Jersey’s court rules authorize the discovery of documents and ESI, and the judiciary even publishes an eDiscovery order for complex cases that can guide the form of production and scope.
At the federal level, Rule 37 addresses sanctions for failing to preserve ESI. Courts can impose remedial measures if data is lost, and more severe sanctions if a party intended to deprive the opponent of evidence. Our first move is to stop auto-deletion and back up relevant devices so nothing is lost.
Step 2: Capture a defensible snapshot
Depending on the case, we may direct clients to create an encrypted local backup or arrange forensic collection with a trusted vendor. Trade publications and practitioner guides describe workflows for custodian-directed iPhone backups and mobile preservation that are simple, scalable, and proportional. The point is to capture a faithful copy before data changes and to document the chain of custody.
Step 3: Request the right records from the other side
In New Jersey practice, we use targeted requests under Rule 4:18 to obtain production of documents and ESI, which can include device logs, app exports, and carrier records. We tailor those requests to the facts, the devices used, and any location or activity records the opposing party controls.
Step 4: Authenticate and analyze
Data alone is not enough. We pair smartphone artifacts with police reports, black box downloads, eyewitness accounts, and medical records. EXIF tags are verified, location points are cross-checked against traffic cams, and activity cues are evaluated alongside phone carrier logs and app records. That multi-source corroboration strengthens admissibility and makes the story easy for a jury to grasp.
Spoliation in New Jersey: Why Deletion Can Backfire
New Jersey courts recognize powerful remedies when evidence is destroyed or concealed. The Supreme Court in Rosenblit v. Zimmerman discussed fraudulent concealment as a tort remedy and addressed how juries may hear about the concealment of key records. Later decisions and appellate guidance describe adverse inference instructions when a party destroys relevant evidence, allowing jurors to infer that missing evidence would have been unfavorable to the destroyer.
Translation for clients and insurers: do not delete anything. If phone data goes missing after a litigation hold, you risk sanctions, adverse inferences, and credibility damage that can outweigh any piece of evidence you hoped to hide. That is especially true for smartphone content because deletion can be traceable.
Privacy Pitfalls and How We Protect You
Smartphone data is powerful, but we respect privacy and proportionality. Here is how we balance both.
Opt-in systems and shifting defaults
Google’s Timeline is opt-in, and recent changes emphasize device-side storage with optional cloud backups. News reporting has highlighted periods where cloud data was removed for some users and the broader shift toward on-device control. That makes early device preservation even more important, since cloud-based retrieval may be limited or time sensitive.
Narrow requests and protective orders
We do not ask for a digital fishing expedition. We target time windows, apps, and sensors that matter. Courts can issue protective orders that limit who can see sensitive data and how it is used. New Jersey’s eDiscovery model order and rules support tailoring scope and production formats to keep discovery proportional.
Client education
We explain how location features work, including iPhone options like Significant Locations and mobility metrics in Health. Understanding what a device may record helps clients make informed choices about privacy while following preservation obligations.
What to Do Right After a Crash or Fall to Protect Phone Evidence
- Do not factory reset or change phones until we advise you. If a replacement is unavoidable, keep the old device and charger in a safe place.
- Turn off cleanup utilities that auto-delete messages or photos. Pause cloud services that purge older content.
- Photograph the scene and your injuries as soon as it is safe. Those images can carry the time and GPS information we need.
- Write down the apps you used that day. Navigation, fitness, rideshare, music, and communication apps each create useful logs.
- Call us immediately so we can issue preservation letters and start defensible backups under counsel’s direction. Practitioner resources confirm that custodian-directed device backups are a reliable start when performed and documented correctly.
How We Use Smartphone Data to Prove Key Case Themes
Proving distraction by the at-fault driver
Call detail records, carrier logs, and app data can show a call started seconds before the crash or that a driver was toggling between music and contacts. Combined with NHTSA data on distraction risks, this tells a coherent story about fault.
Confirming your route and timing
Google Timeline exports and Apple location features help us verify when you left, your path, and arrival times. That is useful against claims that you were not where you said you were or that you exaggerated delays.
Authenticating photos of hazards
EXIF metadata helps us prove that the broken handrail, ice patch, or debris was photographed at a certain date and time at a specific location. That undermines arguments that pictures were taken later or somewhere else.
Showing a change in your mobility
The iPhone Health app’s gait and steadiness metrics can help illustrate reduced balance after a fall or worsening endurance over time. While not a substitute for medical records, these objective data points can support treating providers and experts. Apple Support
How Cohen & Riechelson Build a Winning “Digital Evidence Personal Injury” Case
We approach smartphone evidence like any other high-value proof: collect it early, preserve it defensibly, analyze it with experts, and present it clearly.
- Early preservation of location, app, and message data so they are not lost to retention limits or device changes. Product changes such as Google’s on-device storage shift make speed essential.
- Forensic workflows and authenticated exports to maintain integrity and chain of custody, relying on proven methods to capture iOS and Android content.
- Targeted discovery requests under New Jersey rules that are precise and proportional, then protective orders when needed.
- Narrative building that connects sensor data, photos, and communications with police reports, medical proof, and witness statements.
- Spoliation strategy that seeks appropriate remedies if the opposing party destroys or conceals relevant device data. New Jersey law recognizes adverse inferences and fraudulent concealment remedies in the right circumstances.
Our goal is simple. We turn your pocket-sized data into courtroom-ready proof that insurers must respect.
Contact Cohen & Riechelson Today for a Consultation About Your Case
If you were hurt in a New Jersey crash or fall, your phone may already hold key evidence that can strengthen your claim. We know how to protect that evidence, explain it to a jury, and use it to push insurers toward fair settlements.
When you contact us, we will:
- Review your potential digital evidence and outline a preservation plan
- Coordinate secure backups or forensic collections where appropriate
- Craft targeted discovery to obtain the other side’s phone and app data
- Build a compelling narrative from photos, location breadcrumbs, activity cues, and communications
- Pursue spoliation remedies if opponents delete or hide crucial ESI
We serve clients across New Jersey and Pennsylvania, and we are ready to put modern evidence to work for you. Call us today to schedule your confidential consultation.
FAQ: Practical questions we hear about phone evidence
Will opposing counsel get my entire phone?
Not usually. We seek targeted extractions for relevant periods and sources. Courts encourage proportional, narrow discovery. New Jersey rules and model eDiscovery orders help keep the scope appropriate.
Can I export my own data to help?
Sometimes yes. For example, Google lets users manage and export Timeline data when enabled. We prefer to guide this process so that exports are authenticated and complete.
What happens if I delete messages before I hire a lawyer?
Tell us immediately. Courts look at timing and intent. Federal Rule 37 distinguishes between lost ESI and intentional destruction. We will evaluate recovery options and the best strategy to mitigate prejudice.
Can phone sensors really tell if someone was driving or walking?
Yes. Apps use sensor fusion to infer user activity, and logs can reflect transitions that align with travel. These cues are not perfect on their own, but they corroborate other evidence when analyzed correctly.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.