After the Crash: How to Protect and Utilize Cell Phone Evidence in Distracted Driving Cases

Digital evidence is volatile and fragile, so it's essential to preserve data as soon as possible after a motor vehicle accident. With so many claims based upon alleged driver distraction from mobile phones and other electronic devices, failure to collect this evidence correctly and quickly can lead to accusations of spoliation. Prevention begins with preparation.

This class will explain how a company can best prepare for the worst-case scenario, including educating drivers on what to do after an accident, creating a risk manager's speed dial list for rapid response, and implementing protocols for drivers and first responders to properly handle the digital evidence. Attendees will also learn what kinds of forensic data can be recovered, how to "spoilation-proof" the digital evidence, and how this data is used to determine if a driver was using their phone for a call, messaging, or other online activity at the time of the crash.


Janice Beachman, Director Risk Management, Estes Express Lines
Lars Daniel, Practice Leader - Digital Forensics, Envista Forensics

Philip Davidson, Attorney / Partner, Hinkle Law Firm
Jeffrey Hickman, Special Consultant, Applied Safety + Ergonomics