Understanding the Role of Cell Tower Data in Civil Litigation and Commercial Vehicle Crashes
Cell phone evidence has become a cornerstone in modern civil litigation, especially in cases involving commercial vehicle accidents. Among the most valuable types of digital evidence is cell tower location data. But what exactly can this data reveal about a driver’s route? This article explores the four key insights cell tower data can provide—general travel direction, approximate locations, possible stop locations, and route deviations—and discusses how each applies to civil litigation. We’ll also share practical tips for attorneys and conclude with thoughts on leveraging this evidence for your clients.
Last week I posted a poll on LinkedIn with this question and the following answers:
What can cell tower location data reveal about a driver’s route?
Answers
- General travel direction
- Approximate locations
- Possible stop locations
- Route deviations
Of course, if you have participated in a few of my polls, you know that all the answers are correct under certain circumstances. In this post we will take a look at each of the answers and unpack them a bit.
1. General Travel Direction
What does it mean?
Cell tower location data shows the location of the cell tower, not necessarily the location of the phone. However, in cases where we know the user of the phone was driving on the road, the data can show the general direction a driver was traveling at specific times. When a cell phone connects to a series of towers along a highway or city street, the sequence of connections can indicate whether the driver was heading north, south, east, or west.
How is this used in litigation?
In commercial vehicle crash cases, establishing the direction of travel is often critical. For example, if a truck driver claims to have been traveling eastbound at the time of an accident, but cell tower data shows a pattern consistent with westbound movement, this discrepancy can be pivotal. Attorneys can use this evidence to challenge or corroborate driver statements, reconstruct accident scenes, and clarify timelines.
Limitations:
Cell tower data does not provide pinpoint accuracy. The direction is inferred from the order in which towers are accessed, which can be influenced by network congestion, tower range, and environmental factors. However, when combined with other evidence—such as GPS data, dashcam footage, or eyewitness accounts—it can be a powerful tool.
2. Approximate Locations
What does it mean?
Cell tower data can place a phone (and by extension, its user) within the coverage area of a specific tower at a given time. This area can range from a few hundred meters in urban settings to several miles in rural areas.
How is this used in litigation?
Approximate location data is often used to establish whether a driver was near the scene of an accident or at a particular location at a specific time. In commercial vehicle cases, this can help determine if a driver was following their assigned route, making unauthorized stops, or deviating from company policy.
For example, if a semi driver is accused of causing a crash at a certain point along an interstate, cell tower data can show whether their phone was in the vicinity or miles away at the relevant time. This can support or refute claims about the driver’s whereabouts and activities.
Limitations:
The accuracy of cell tower location data depends on tower density and geography. In cities, the data can be relatively precise, but in rural areas, the coverage area is much larger, making it harder to pinpoint exact locations. However, cell tower data can corroborate other data such as telematics locations, cell phone device locations, and narrow down the possible locations if the user is known to be driving along a road.
3. Possible Stop Locations
What does it mean?
When a phone remains connected to the same cell tower for an extended period, it may indicate that the driver stopped in that area. Also, if the driver is known to be traveling along a highway and the phone uses a tower not along the interstate, possibly covering a gas station or truck stop, it would be a good indication that the driver has stopped. This can help identify possible rest breaks, delivery stops, or unauthorized detours.
How is this used in litigation?
In commercial vehicle litigation, understanding where and when a driver stopped can be crucial. For instance, if a trucking company’s policy requires drivers to take rest breaks at certain intervals, cell tower data can help verify compliance. These stops can also support or refute a driver’s log. If a driver stops in the middle of the day, far from his home base, and logs the stop as “Off Duty,” the log can be challenged because it should have been logged “On Duty Not Driving.” Conversely, if a driver is suspected of making unauthorized stops—such as visiting a location unrelated to their route—cell tower data can provide supporting evidence.
This information can also be used to challenge or support claims about driver fatigue, hours-of-service violations, or the timing of events leading up to a crash.
Limitations:
A phone may remain connected to a tower even if the vehicle is moving slowly or stuck in traffic. Additionally, in areas with overlapping tower coverage, a stationary phone might switch between towers. Attorneys should interpret this data in context and, where possible, corroborate with other records such as electronic logging devices (ELDs) or fuel receipts.
4. Route Deviations
What does it mean?
By analyzing the sequence of cell towers a phone connects to, it’s possible to detect deviations from an expected route. If a driver’s phone connects to towers far from the planned path, it may indicate a detour or unauthorized travel.
How is this used in litigation?
Route deviations are often at the heart of commercial vehicle crash cases. If a driver was supposed to follow a specific route but cell tower data shows they took a different path, this can raise questions about the reasons for the deviation. Was the driver avoiding traffic, making an unscheduled stop, or engaging in prohibited activities?
Attorneys can use this evidence to establish liability, challenge driver testimony, or demonstrate non-compliance with company policies. In some cases, route deviations may be linked to distracted driving, fatigue, or attempts to conceal misconduct.
Limitations:
Cell tower data alone may not reveal the exact route taken, especially in areas with sparse tower coverage. It’s best used in conjunction with other data sources, such as GPS logs, vehicle telematics, or surveillance footage.
Tips for Attorneys:
Maximizing the Value of Cell Tower
Data
1. Obtain the Right Data Early
Preserve cell tower records as soon as possible even if a case hasn’t been filed yet. Carriers only retain this data for a limited time, and delays can result in lost evidence. Ensure to follow up with an additional preservation letter every 90 days until a subpoena can be sent.
2. Work with Experts
Cell tower data analysis is complex. Collaborate with digital forensics experts who understand how to interpret the data and can explain its significance in court. Engage an expert early so the expert can ensure that preservation letters and subpoenas contain the proper language.
3. Corroborate with Other Evidence
Never rely solely on cell tower data. Combine it with GPS records, ELDs, dashcam footage, telematics, and witness statements to build a comprehensive picture.
4. Understand the Limitations
Be aware of the inherent limitations in cell tower data, such as coverage area size and potential for tower switching and jumping. Use this knowledge to anticipate and counter opposing arguments.
5. Prepare for Cross-Examination
Opposing counsel may challenge the accuracy or relevance of cell tower data. Be ready to explain how the data was obtained, analyzed, and corroborated.
6. Educate the Court
Judges and juries may not be familiar with cell tower technology. Worse yet, they may have an unrealistic understanding of the data based on television shows and movies. Use clear, simple explanations and visual aids to help them obtain a realistic understanding of the evidence.
Conclusion
Cell tower location data is a powerful tool in civil
litigation, especially in cases involving commercial vehicle crashes. It can
reveal a driver’s general travel direction, approximate locations, possible
stop locations, and route deviations—each of which can be critical in
establishing facts, challenging testimony, and determining liability.
However, cell tower data has limitations. Its value lies in
how it’s interpreted and combined with other evidence. Attorneys who understand
both the strengths and limitations of this technology are better equipped to
advocate for their clients, whether they represent plaintiffs or defendants.
As cell phone evidence continues to play a growing role in
civil litigation, staying informed about the latest developments and best
practices is essential. By leveraging cell tower data effectively, attorneys
can uncover the truth, strengthen their cases, and achieve better outcomes for
their clients.
If you have questions about using cell tower data in your
commercial vehicle litigation practice, or need expert analysis, contact Brave
Investigation, ben@braveinvestigations.com,
for guidance and support.