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Law Firm in Sioux Falls, SD

Cell Phone Evidence Preservation

Regardless of the type of case, preserving evidence is crucial. Identifying that evidence, however, has become a more involved process as technology has advanced and expanded.  In the past, taking photographs and requesting a report was the standard operating procedure.  But now, to be thorough and well-prepared, much more is needed.

 For example, even in a standard car accident case, photographs and videos may be taken that accurately and fairly depict what happened, where the accident took place, and who was involved. Those photos and videos may even show how and why the car accident took place.  In addition to these common types of evidence, some cases may involve additional sources of information that may need preservation as well, like the event data recorders in the vehicles (also called EDRs, which can provide data on the speeds, G-forces, angles of travel, amongst other things) and cell phones.  Cell phones, when properly preserved and analyzed, may show whether someone was texting, watching videos, or otherwise driving while distracted by the phone. Failure to immediately request this information can result in the data being permanently lost. So having an electronic device discovery plan can be an important part of a case.

 Our experienced lawyers can help identify potential sources of such information, send a comprehensive evidence preservation request, preserve that information, and then analyze and explain this potentially important data to you.  Litigation in today’s world involves greater efforts to obtain information about your case. So it’s important to hire a lawyer with the ability and experience to handle the modern technology. If you find yourself in a situation where you need assistance with obtaining information, or if you simply have questions, our attorneys will talk to you, free of charge, to see if they assist you with your claim. 

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