In today’s fast-paced world, the utilization of technology has become indispensable, not only in our daily lives but also in the legal realm. When it comes to commercial vehicle accident cases, the role of GPS data, especially from cell phones, has emerged as a crucial aspect in determining liability, reconstructing events, and presenting evidence in court. The data from the defendant and the plaintiff are potentially equal in value. Either party can potentially benefit from cell phone GPS data.
GPS, or Global Positioning System, data obtained from cell phones provides a wealth of information regarding the whereabouts and movements of individuals. This data is collected through GPS receivers embedded in smartphones, which constantly communicate with satellites to determine the device’s precise location.
Cell phone GPS data should not be confused with cell site (tower) location data from the cell phone records. Cell phone record data is obtained from the cell phone company by way of a subpoena whereas the cell phone GPS data is obtained through a forensic examination of the cell phone itself. This can be through consent, a subpoena, or court order. The cell site location data from the cell phone records shows the location of the tower the cell phone was connected with during a particular connection, and not the location of the phone. The cell phone GPS data, however, shows the exact location of the phone itself. This post will focus on the GPS data obtained through a forensic examination of the phone itself.
GPS data from cell phones typically includes location history, timestamps, and other metadata that can be invaluable in reconstructing the events leading up to a commercial vehicle accident. Despite some limitations, such as accuracy issues in densely populated urban areas or indoor environments, GPS data remains a powerful tool in accident investigations.
In commercial vehicle accident cases, where the stakes are high and the repercussions significant, GPS data from cell phones can play a pivotal role in establishing the sequence of events, determining vehicle speed, and assessing driver behavior. By analyzing GPS data, investigators can corroborate or refute witness testimony, uncover discrepancies in accounts of the accident, and ultimately, help move the needle in the settlement or judgement.
For example, GPS data may reveal that a commercial truck driver was exceeding the speed limit leading up to the accident, or that they deviated from their designated route. This information can be crucial in proving negligence or misconduct on the part of the driver or their employer. GPS data can be equally beneficial to defendants by showing misconduct or discrepancies in sworn statements on the part of the plaintiff.
Obtaining GPS data from cell phones in commercial vehicle accident cases requires careful consideration of legal and procedural requirements. Depending on the jurisdiction and the specifics of the case, obtaining GPS data may require a court order, subpoena, or consent from the device owner.
Once the legal hurdles are cleared, investigators can employ various methods to preserve and collect GPS data from cell phones. This may involve extracting data directly from the device in the form of a forensic image, obtaining records from cloud service providers, and utilizing specialized forensic software and tools for analysis.
Many times, the parties will agree on a protocol as to who, how, and where the forensic image will be extracted from the phone. Additionally, the protocol may lay out what can be produced from the forensic image. Obtaining a forensic image is an all-or-nothing venture. We can’t limit the extraction but we can limit the production. For example, the protocol may limit the production of data from the phone to one week before and after the crash, and limit the types of data to location data, application usage, photos, videos, etc. Cell phones contain a significant amount of personal data. Forensic examiners regularly agree to a non-disclosure agreement to protect the data in their hands.
Analyzing GPS data obtained from cell phones requires a combination of technical expertise, investigative acumen, and the proper forensic tools. Investigators must meticulously examine the data, taking into account factors such as accuracy, timestamps, and other contextual information.
By analyzing GPS data, investigators can reconstruct the timeline of events leading up to the accident, map out the route taken by the vehicles involved, and identify any deviations or anomalies that may have contributed to the collision. This analysis can provide valuable insights into the circumstances surrounding the accident and help bring the case to a favorable conclusion.
Once GPS data from cell phones has been collected and analyzed, it can be presented as evidence in legal proceedings, such as civil lawsuits or insurance claims. By leveraging GPS data effectively, attorneys, through their forensic experts, can strengthen their case, support key arguments, and ultimately, secure a favorable outcome for their clients.
In court, GPS data can be used to create visual aids, such as maps or timelines, that illustrate the sequence of events leading up to the accident. This visual representation can be highly persuasive to judges and juries, helping them understand the complexities of the case and reach a well-informed decision.
To illustrate the practical application of GPS data in commercial vehicle accident cases, let’s consider a few scenarios from cases I have worked on. I will keep the details to a minimum, but the value of the data should be evident.
I was able to reconstruct a tractor trailer driver’s history over a two-week period and was able to show he worked 18 hour days seven of the ten days prior to the crash. The driver had a habit of logging himself as off duty while his trailer was being unloaded, cleaned and reloaded. He should have been logging himself as on duty-not driving. Had he logged his activity correctly he would have exceeded the regulatory daily limits and his exhaustion likely contributed to the crash. Once this data was revealed the case settled quickly to the benefit of the plaintiff.
GPS data from a plaintiff’s phone revealed that she was engaged in a phone call at the time of the crash with a tractor trailer, contrary to a statement she had made in a sworn deposition. The GPS data showed that a phone call terminated at about the same time as the timestamp on a GPS location at the crash scene. Further examination of the GPS data showed that the plaintiff was engaged in the phone call continually from her driveway to the crash scene. Once this data was revealed the case settled quickly to the benefit of the defendant.
In an interesting tractor trailer crash case with multiple defendants, some of the defendants wanted to show the crash was the fault of the driver and not the other defendants. The crash took place in a construction zone where traffic was stopped. The driver crashed into the back of the line and there was no indication of braking before impact. I reconstructed the driver’s trips for two months prior to the crash and showed that the driver had passed through the construction zone six times in that two-month period. The driver should have been familiar with the construction zone and the regular traffic stoppages. Additionally, the GPS data showed the driver was exceeding his regulatory work limits by a considerable margin and his exhaustion likely contributed to the crash. The case for the additional defendants settled quickly to their benefit while the plaintiff still obtained a considerable settlement from the trucking company.
In conclusion, GPS data obtained from cell phones has emerged as a powerful tool in commercial vehicle accident cases, providing valuable insights into the circumstances surrounding the collision and helping bring about appropriate settlements. By leveraging GPS data effectively, attorneys and investigators can strengthen their cases, support key arguments, and ultimately, achieve justice for their clients. As technology continues to evolve, the role of GPS data in accident investigations will only become more prominent, underscoring the importance of staying abreast of advancements in this field.