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Social Media Posts and Outgoing Text Messages Are Important Evidence

Social media posts and outgoing text messages are important evidence in a personal injury case.  How can you prove a driver was distracted and therefore at fault and liable for the injuries you sustained in an accident?

The experienced trial attorneys at Hargadon, Lenihan & Herrington, PLLC (HLH) have extensive experience in personal injury cases involving distracted drivers.  We are able to obtain evidence you would not be able to access on your own.  We have the resources, legal skill and trial experience necessary to obtain evidence, document your case and present a compelling argument to the insurance company or at trial to ensure you receive the best possible outcome in your case.

One example is outgoing text messages.  There is no way to prove an incoming text message is evidence of distraction.  The driver may not have had access to their phone and it is not usually possible to prove they could actually see an incoming text message.  This is often considered “hearsay” evidence.  However, it is possible to prove a driver was using their cell phone to make social media posts and outgoing text messages while they were driving.

Our attorneys can compel this evidence as part of “discovery” in our case.  The cell phone service providers (Verizon, AT&T and Sprint) may not be able to provide details of this behavior directly from their system after a few days.  However, we can seek a court order for a forensic download of the phone belonging to the driver at fault.  We can also seek copies of usage, phone calls, texts and associated time frames from cell company invoices, user interfaces, documents and records which help to establish the driver was actively using their cell phone while they were driving and often at the moment of impact.

Social media posts and outgoing text messages are important evidence in a personal injury case.  If you have suffered injury in a car accident or collision with a commercial vehicle you need the advice, counsel and representation of the experienced personal injury attorneys at HLH.  We invite you to read the recommendations of our clients and check out the awards and recognition HLH has received from the legal industry and contact us or call (866) 583-9701 for a free consultation.

You will speak directly with one of our experienced attorneys and there is no cost to you out of pocket for our representation as we work on a contingency fee basis.


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Louisville’s Most Established PI Firm

Hargadon, Lenihan & Herrington, PLLC

231 Breckenridge Lane, Suite 201
Louisville, KY 40207
Telephone: (502) 583-9701
Toll-Free: (866) 583-9701
Fax: 502-589-1144
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