The scene opens with three teenagers in a car. The driver is shifting her eyes back and forth between the roadway and her smartphone as she approaches an intersection. As the driver taps out a text message, a pickup truck comes into view headed toward the same crossroads. The driver runs the stop sign and the rest is left to the viewer’s imagination.
This familiar public service advertisement is a representation of some of the crashes we deal with in personal injury matters. But whether your case involves a driver texting on a smartphone, a business dispute, or employees behaving badly, there may be evidence relevant to your claims or defenses behind that touchscreen. Every litigator needs to be aware of the amount of data that can be retrieved from a smartphone and the implications that smartphone discovery can have in a case.
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