Skip to main content
HomeResources › Accident Phone Evidence Checklist
Free Resource for Accident Cases

Accident Phone Evidence Checklist

A checklist for plaintiff and defense attorneys, insurance investigators, and accident reconstructionists working a case where a driver's phone use is at issue.

What's in this checklist

A checklist to preserve, request, and analyze mobile device evidence to determine whether a driver was distracted at the time of a collision.

Preview · Section 1

Preserve immediately (the clock starts at the crash)

  • Send a preservation letter to the opposing driver and their carrier identifying the specific phone(s) by make, model, and number if known.
  • Preserve the carrier's call detail records (CDRs) — most carriers purge or summarize after 12–18 months.
  • Preserve the driver's cloud accounts: iCloud, Google, the device manufacturer's cloud backup.
▣ 24 more items, 4 more sections

Enter your email to unlock the full checklist and download the branded PDF.

Section 1

Section 1 — Preserve immediately (the clock starts at the crash)

  • Send a preservation letter to the opposing driver and their carrier identifying the specific phone(s) by make, model, and number if known.
  • Preserve the carrier's call detail records (CDRs) — most carriers purge or summarize after 12–18 months.
  • Preserve the driver's cloud accounts: iCloud, Google, the device manufacturer's cloud backup.
  • If the driver was on the job, preserve the employer's MDM logs, telematics (Samsara, Geotab, Lytx), and dashcam footage.
  • Photograph the phone in its post-crash state before it is moved, charged, or unlocked.
Section 2

Section 2 — What to request in discovery

  • Forensic image of the phone (not screenshots, not a manual review).
  • Cloud backup files (iCloud backup, Google Takeout) covering the 24 hours before and after the collision.
  • Carrier records: voice CDRs, SMS/MMS detail, and cellular data session logs for the relevant window.
  • Application data for every app installed: maps, music streaming, messaging, social media, dating apps, games.
  • CarPlay or Android Auto pairing history and Bluetooth connection logs.
  • Driving-detection or safety-app data (the iPhone "Focus while driving" mode, Life360, Apple/Google location history).
Section 3

Section 3 — What the forensic analysis should answer

  • Was the screen on at the moment of impact?
  • Was a specific app in the foreground? Which one, and what was it doing (typing, scrolling, video playing)?
  • Was the phone unlocked? When was it last unlocked relative to the collision?
  • Was a call active? Hands-free or handheld?
  • Was the phone sending or receiving text messages, app notifications, or data?
  • What did the phone's accelerometer and gyroscope record at the moment of impact?
  • What did the phone's GPS log for speed, heading, and location?
Section 4

Section 4 — Common evidentiary pitfalls

  • Carrier records show *attempted* connections, not what the user actually did — phone artifacts are required to prove use.
  • iMessage and WhatsApp do not appear in carrier records; only the phone or cloud backup shows them.
  • An unlock without app activity may still be relevant — it proves the driver looked at the phone.
  • Time-zone drift between phone, carrier, and dashcam can shift events by hours if not normalized.
  • An iPhone "Driving Focus" mode that was enabled but bypassed is highly probative.
Section 5

Section 5 — Authentication for trial

  • Hash-verified forensic image, with chain of custody documented from collection forward.
  • Tool reports identifying software, version, and extraction method (Cellebrite, Magnet AXIOM, GrayKey).
  • Source artifacts available for opposing expert review — never rely solely on conclusory summaries.
  • A timeline exhibit synchronizing phone artifacts with EDR (black box), dashcam, and 911 call audio.