Mobile phones don’t just hold information on the device itself. Service providers keep systematic logs of all phone activity known as Call Detail Records (CDRs). In civil litigation—particularly cases involving commercial vehicle crashes—CDRs can provide attorneys with a powerful tool for testing the reliability of witness testimony.
Unlike text screenshots or phone memories, CDRs come directly from carriers. This makes them less susceptible to manipulation and uniquely valuable when attorneys need to prove someone was on a call, where they were, or how long communications lasted.
In practice, CDRs serve as a digital “fingerprint,” capturing information about voice calls, texts, and data sessions. When leveraged correctly, they can corroborate or contradict deposition testimony, helping attorneys expose discrepancies or reinforce credibility.
In our LinkedIn poll last week, we asked: How can CDRs be used to challenge or support deposition testimony? The four options were:
- Verify call times
- Prove location data
- Show call duration
- Expose discrepancies
Let’s take a loot at each of these uses in detail, then share practical tips for attorneys and a conclusion that highlights why CDRs should be a default discovery tool in commercial crash cases.
1. Verify Call Times
Deposition testimony often hinges on timing. A driver might testify they weren’t using their phone at the time of the crash, or a witness may claim they placed a call moments before impact.
How CDRs Help:
- CDRs provide accurate, carrier‑generated timestamps of calls and texts.
- Because records are maintained by third‑party service providers, they are harder for opposing parties to challenge as biased or manipulated.
- Attorneys can compare CDR timestamps against crash reconstruction timelines, logbooks, or electronic logging device (ELD) data.
Example Use Case:
If a truck driver testifies under oath that they hadn’t touched their phone for hours before the crash, but CDRs show a five‑minute call ending two minutes before impact, this directly challenges the credibility of their testimony.
2. Prove Location Data
Beyond times and durations, CDRs also contain cell tower location data. While not as precise as GPS, tower “pings” can establish the general area location of a phone at key moments.
How CDRs Help:
- Demonstrate whether the data is consistent or inconsistent with a witness being at a location they claimed.
- Rebut testimony that places a driver miles away when tower data shows otherwise.
- Assist accident reconstruction experts in validating timelines.
Example Use Case:
In a deposition, a corporate defendant may testify that their driver was resting at a designated truck stop during mandatory off‑duty hours. However, CDR tower data could place the driver’s phone in motion along the interstate—undermining the accuracy of sworn testimony.
3. Show Call Duration
Sometimes the question isn’t whether a call occurred, but how long it lasted. CDRs routinely log duration down to the second, providing clear, objective insight.
How CDRs Help:
- Reveal whether a quick “missed call” was actually a sustained conversation.
- Showing whether or not the driver was engaged in a voice call at the time of impact.
- Confirm or contradict testimony about communication frequency.
Example Use Case:
A driver stated he was not on the phone at the time of the crash but the call duration shows that the call ended after the first call to 911 to report the crash.
4. Expose Discrepancies
At their core, CDRs excel at uncovering inconsistencies between human memory and digital fact. Depositions often rely on recollection, which is imperfect—and sometimes intentional misdirection.
How CDRs Help:
- Bridge gaps between testimony and objective carrier records.
- Demonstrate contradictions that impeach credibility.
- Substantiate timelines to either disprove or support asserted facts.
Example Use Case:
A witness testifies he tried to call the truck driver after the crash but didn’t get through. CDRs reveal multiple outbound calls lasting 30 or more seconds each, showing not only attempts, but connected calls. This discrepancy can shift liability narratives dramatically.
Tips for Attorneys: Making the Most of CDRs
a. Request CDRs Early
CDRs are not stored forever. Carriers typically retain records for 12–24 months, depending on the company. Submit discovery requests early, tailored specifically to carrier data. Subpoenas should be clear about the phone number, time frame, and type of records sought.
b. Collaborate with Forensic Experts
CDRs can be technical: tower data, sector IDs, and call routing codes often require interpretation. Work with certified forensic examiners who can translate records into courtroom‑ready visuals and testimony.
c. Cross‑Reference with Other Data
CDRs are most powerful when paired with other sources:
- Electronic Logging Device (ELD) Records for truck drivers.
- Crash reconstruction timelines.
- GPS telemetry or dash cam footage.
- 911 center records
Together, these sources create a consistent evidentiary picture.
d. Anticipate Objections and Privacy Concerns
Courts may weigh proportionality, asking whether requested CDRs relate directly to claims. Narrow requests to specific dates and times surrounding the incident to improve admissibility and deflect privacy challenges.
Conclusion: The Courtroom Power of Digital Objectivity
Depositions rely on human recollection subject to error,
bias, or deliberate obfuscation. Call Detail Records, by contrast, rely on
carrier logs which contain digital facts produced in the ordinary course of
business. In commercial vehicle crash litigation, where liability often hinges
on whether someone was distracted or where they were at the time of the
crash, CDRs provide an indispensable evidentiary anchor.
The four uses spotlighted in our poll—verifying call
times, proving location data, showing call duration, and exposing discrepancies—demonstrate
the wide range of litigation value CDRs offer.
For attorneys, the takeaway is simple:
- Always
consider requesting CDRs.
- Pair
them with other digital and testimonial evidence.
- Use
them proactively to either support your client’s testimony or challenge
the credibility of opposing witnesses.
Cell phone data doesn’t just reside on the device. With
CDRs, litigators gain access to independent, trustworthy records that can tilt
the balance in high‑stakes cases. By actively leveraging these resources,
attorneys transform phone records into powerful cross‑examination tools and
credibility tests—ensuring the truth shines through in court.
If you have any questions, please don’t hesitate to contact
me at ben@braveinvestigations.com.