BACK TO BLOG September 12, 2016

Distracted Driving Lawsuit – He Lied, But We Caught Him Using His Cellphone While Driving

On a sunny winter morning in 2014, our client, a young mother, was driving home from work on a two lane road. The only traffic was the truck directly behind her and the one Jeep Liberty in front of her in the opposite lane. She had driven home on that same road multiple times, so she had no reason to expect anything different.

In an instant, the Jeep Liberty jumped over into her lane and hit her pickup head-on. The collision left our client with broken bones, damaged internal organs, and a serious traumatic brain injury. She underwent years of physical therapy, rehab, and healing from her injuries.

The driver of the Jeep suffered mild injuries, but was able to communicate to officers at the scene. He told officers that he had a “medical event”—possibly a stroke, with accompanying memory loss—that caused the wreck. However, in the course of learning more about this claimed “medical event”, the Jeep driver’s own doctors refused to substantiate his claims. There was no “medical event.” So what caused the wreck? Why would this driver suddenly cross over into oncoming traffic?

During his deposition, the driver of the Jeep stated that he was not using his cell phone while he was driving. He also claimed that he “never” makes phone calls while he is driving. The fact that he claimed not to recall any of the facts leading up to the collision, while at the same time stating without hesitation that he did not use his cell phone, showed that his testimony was unreliable. So we kept digging.

We Didn’t Believe Him

Our staff launched an investigation into the driver’s story. We issued a subpoena to the cell phone company seeking copies of his cell phone records for the date of the wreck. We requested the data on his phone calls, text message history and his data usage. We examined the text message data first, but found no text messages within the two hour period before and after the wreck.

The telephone usage showed the first inconsistencies in the Jeep driver’s story. The driver stated that he never made phone calls while driving. However, our investigation into the phone records showed at least 7 different phone calls that the driver made or received while driving the morning of the wreck. The records showed that the last call was made mere seconds before the wreck.

The data usage records also showed the precise time that he began his journey from North Texas to South Texas. The records also showed that, during the entire trip, the driver’s phone was downloading large quantities of data. The quantities of data usage were consistent with use of a cell phone for GPS or trip mapping.

What Did This Prove

The cell phone data showed that this driver was using his cell phone in an unsafe manner. Since this driver was making calls and using the GPS while driving, he was, by definition, a distracted driver.

By the time the trial was set to start in this case, the evidence showed that the driver had lied about his cell phone usage. He obviously lied about the cell phone usage to avoid any allegations of distracted driving. Distracted driving is extremely dangerous. He knew it. He tried to hide it. However, our investigation found that, immediately before impact, the driver of the Jeep received a call. The driver made the decision to look at his phone and put the safety of everyone on the roadway at risk. This instant was all that it took for this driver to take his eyes of the road, drift into oncoming traffic, and cause life-changing damage and injury to a young mother.

Contact a Distracted Driving Attorney Today

The Flowers Law Firm works with victims of distracted driving injury accidents. Our investigators will probe every aspect of your case, while our experienced distracted driving accident attorney will defend your rights in court. You can receive a free, no-obligation consultation from our distracted driving injury lawyer by calling us at  (903) 965-2000, or email us at