When a vehicle strikes a pedestrian, the physical injuries are only part of the battle. The legal outcome often turns on data that is easy to lose and hard to recreate later: phone logs, location trails, social media posts, fitness tracker records, dashcam footage, ride-hailing trip data, and the fleeting network chatter of modern cars. As a pedestrian accident lawyer, I have watched strong claims falter because a client upgraded a phone, auto-deleted messages, or posted a well-intended update that a defense expert twisted into an admission. I have also seen quiet bits of digital evidence make a case, like a three-second video clip that corroborated my client’s position in the crosswalk, or a Google Location History snapshot that proved the driver’s timeline was off by ten minutes.
Digital preservation is not a single act. It is a chain of careful decisions that starts at the scene and continues for months. The following guidance is drawn from real cases and the practical steps a pedestrian accident attorney uses to protect a client’s position while keeping the evidence admissible.
The clock starts at impact
Most digital evidence is perishable. Phones overwrite cache files. Messaging apps auto-delete. Cloud services keep only rotating backups. Companies retain logs for weeks, not months. The moment a crash occurs, the retention clock begins to run. That is why the first 24 to 72 hours matter more than people realize.
If you are able, capture the basics immediately: photos of the scene, traffic signals, skid marks, vehicle positions, nearby storefronts with cameras, and the people who saw what happened. If you cannot do it yourself, ask a companion or bystander to use your device so the files land in your account. Those rough photos can anchor later work, such as pulling high-resolution footage from a nearby business, or synchronizing timestamps between your phone and a store camera.
Even small steps help. I once handled a claim where the client asked a bus driver to take a picture of the intersection’s temporary signage after paramedics arrived. That low-light photo, stamped with the transit agency app’s time, helped defeat a defense claim that the sign had been installed earlier in the week.
A short, decisive preservation checklist
Use this as a first-pass guide within the first few days. If you already hired counsel, pass the baton and let them coordinate, but do not wait to start.
- Stop auto-delete everywhere it exists: messages, call logs, voicemail, email trash, and cloud backups. Turn off “optimize storage” for photos. Make a forensic-friendly backup of your phone and keep the device powered and passcode-protected. Do not factory reset or trade in the phone. Write down a plain-language timeline while it is fresh: where you were walking, signals you observed, what the driver did, what you felt or heard, who helped you, and any statements by the driver. Identify potential third-party data sources: nearby businesses, transit agencies, ride-hailing platforms, delivery apps, dashcams, city traffic cameras, building security cameras. Tell your pedestrian accident lawyer every app or device that recorded movement or communications, even if it seems irrelevant: fitness trackers, smartwatch, cycling computer, voice assistants, navigation apps.
Guard your phone like a case file
Phones carry the most relevant evidence in modern pedestrian collisions. That does not mean you should rummage through your system files or install exotic software. It does mean you should stabilize the device. Keep the phone powered, charged, and in your possession. Use your passcode rather than biometrics if you expect disputes, since some jurisdictions handle compelled biometric unlocks differently than passcodes. If the phone is beyond repair, store it in a padded, labeled container and save all pieces, including the SIM and any microSD card.
For many clients, a full, encrypted local backup is enough to preserve text threads, call logs, photos, app data, and voicemail. Cloud backups are helpful, but they rotate. A local backup created shortly after the collision gives your pedestrian accident attorney a state of the data that can be imaged by a forensic vendor, if needed. Be cautious with third-party “phone cleaner” apps and storage optimizers. They can purge caches and thumbnails that help experts authenticate or reconstruct data trails.
If the crash involved possible phone distraction by either party, resist the urge to prune your own logs. Deleting messages or calls can create spoliation issues that hurt credibility. In cases I have handled, we often negotiate a protocol for limited extractions that target relevant time windows and categories of data. Courts generally prefer a measured approach that protects privacy while preserving probative records.
Messaging apps and the auto-delete trap
Text messages and app-based chats often contain contemporaneous recollections, admissions, or location shares. The trap is that many messaging platforms default to short retention or offer “disappearing” messages. Screenshots are a stopgap, not a substitute. For iMessage, disable “Delete Messages after 30 Days” and switch to “Keep Messages Forever.” For WhatsApp, set Disappearing Messages to Off for any threads that discuss the collision or your injuries. For Signal or Telegram, extend the retention to the longest available setting or export the thread in a readable format. Keep original media files that came through those threads; do not compress or re-save them with edits.
If you shared your location with a family member during your commute, those logs can corroborate your path and pace. Preserve them. Some platforms allow export of chat histories with media. Do it early. I have watched clients discover, too late, https://www.reviewyourattorney.com/attorney/north-carolina/charlotte/personal-injury-attorneys/panchenko-law-firm/ that an auto-delete policy wiped the thread where the driver apologized.
Photos and video, with attention to metadata
Images carry metadata that authenticates when and where they were taken. When you AirDrop, email, or upload a photo, some services strip that metadata. If you want a shareable copy for insurance or family updates, make a duplicate. Keep the original untouched in your library. Avoid filters, crops, or redraws on originals. Edits are allowed in litigation, but originals speak with more authority.
Take a fresh set of photos of your injuries at intervals over the first week. Bruising and swelling evolve; day two and day four often look worse than day one. Include a neutral background, good light, and at least one image with a recognizable reference like a wristwatch or the corner of a bandage box. Injury progression images have helped juries understand pain when words fell short.
If you have dashcam footage from a bicycle or a nearby car captured the event, act quickly. Many dashcams overwrite within hours. If you know a rideshare or delivery driver witnessed the collision, ask your lawyer to send a preservation demand to the platform and, if possible, to the driver directly. I handled a matter where a grocery delivery driver’s dashcam caught the light sequence. He did not realize it until we asked within a week.
Location history, maps, and navigation apps
Google Location History, Apple Significant Locations, Waze, and other navigation tools can reconstruct your path. The usefulness of these sources depends on settings. Some users have location tracking off, which is fine. If you have it on, export a copy promptly. Google Takeout allows export of Location History in JSON or KML. Save the export and do not rely on the live account alone. With Apple devices, Significant Locations is less export-friendly but still visible; take careful screenshots with date and time visible.
When we confront a dispute over crosswalk timing or midblock crossing, we sometimes combine location pings with photos and call logs to create a timeline within a one-minute window. The tighter the timeline, the harder it is for a defense to claim uncertainty about which signal phase applied.
Wearables and fitness trackers
Smartwatches, fitness bands, heart-rate monitors, cycling computers, and running apps can corroborate pace, stops, and impact spikes. I have used a heart rate inflection at the crash time to support a client’s timeline when no one else recorded the exact minute. Preserve raw data if the platform allows it. Strava, Garmin, and similar platforms permit exporting GPX or FIT files. Do this early. Some services store only summaries after a short period.
If you enable health sharing with a family member, that log can be evidence. Keep the device and do not factory reset. Be straight with your lawyer about any segments you edited or marked private. Defense counsel sometimes looks for inconsistencies between private device data and public posts.
Social media can help or hurt
A simple post meant to reassure friends can be twisted. “I’m okay” morphs into “no injury,” and a smiling photo at a birthday dinner leads to a cross-examination about pain levels. On the other hand, private messages and posts sometimes capture fresh recollections or confirm that you reported pain soon after the collision.
Set your profiles to the highest privacy level. Do not delete past posts if they relate to the incident, because doing so can trigger spoliation arguments. Instead, pause new posts about the crash or your activities. If you must update friends, keep it minimal and factual, and avoid commentary about fault. Tell your pedestrian accident lawyer what platforms you use so they can plan preservation without surprises.
Third-party sources: businesses, municipalities, and vehicles
Video is everywhere, but it does not stick around. Many small businesses overwrite camera footage in 3 to 7 days, sometimes faster. Larger buildings and municipalities vary, often 14 to 30 days. Early identification and a written preservation request matter. Walk the block, note cameras on corners, buses, and storefronts, and document who to contact. Your lawyer can draft and send preservation letters that cite legal obligations and request specific date and time windows.
City agencies and transportation departments may operate traffic cameras, but public access differs widely. Some cameras are not recorded, only monitored live. Others retain short clips. Ask quickly. With buses, trains, and transit authorities, we often have to make formal requests; those agencies tend to keep video for limited windows unless a timely hold is in place.
Modern vehicles store data too. If the driver’s car has an event data recorder, infotainment logs, or telematics through services like OnStar, those systems can capture speed, braking, and location. Securing that data typically requires legal process, and it can be lost if the vehicle is repaired or totaled and salvaged. A preservation letter to the owner and insurer should go out as soon as you have counsel. Some insurers cooperate; others do not. A court order may follow.
The spoliation problem and how to avoid it
Spoliation is the destruction or alteration of evidence that should have been preserved. Courts can impose sanctions, exclude evidence, or instruct juries to presume the lost evidence would have been unfavorable. Most spoliation fights are avoidable with early action and transparency.
Avoid deleting, editing, or selectively preserving only favorable items. Keep devices and accounts stable. If you must replace your phone, keep the old one intact and tell your lawyer before trading it in. If you posted something thoughtless on social media, do not make it vanish after the fact. Move it to private and freeze it, then inform counsel. Judges are far more forgiving of an awkward, preserved post than of a deletion discovered later.
Chain of custody and authenticity
Authenticity wins credibility battles. When possible, preserve items in their original format. For photos and videos, keep the original files with metadata. For chat logs, preserve exports that show timestamps and participants, and back them up with screenshots. Maintain a simple log of what you preserved, when, and how. If a forensic vendor images your phone, document the date, device serial number, and hash values if provided. These small steps make it easier to prove that a file is what it claims to be and has not been altered.
I once tried a case where the defense questioned a short clip of the intersection at dusk. We had the original .mov file with EXIF, a local backup timestamp, and testimony from the client’s roommate who shot it. The judge admitted it without fuss. The same clip, texted and re-saved half a dozen times, would have been a different story.
Communicating with insurers without leaking your case
Insurance adjusters often request recorded statements and broad authorizations early. Be careful with what you share, especially before you hire counsel. There is a difference between alerting them to key evidence and handing over unfettered access to your entire phone. When a request reaches into digital sources, ask why and push for narrow terms. In many cases, a pedestrian accident attorney can propose a targeted production of specific items with redactions for irrelevant private content.
If an insurer dangles a quick settlement, expect scrutiny of your digital footprint. They will look for gaps, but overproduction can create risks around privacy and misinterpretation. Quality beats volume. Provide clear, authentic items that matter: scene photos, short contemporaneous messages, and reliable location points.
Medical apps and patient portals
Patient portals hold appointment records, test results, imaging reports, and physician notes. Those records matter for damages, and they piece together your recovery timeline. Keep a copy of your portal messages, especially where you reported symptoms, limitations, and pain. These messages often land closer to real time than formal medical reports and help counter defense claims of symptom exaggeration or delay in treatment. Download PDFs if the portal allows it and save them to a dedicated folder with readable names.
If your phone integrates with health apps that track steps, mobility, or sleep, export summary data for the months before and after the crash. Defense counsel sometimes weaponizes drops in steps or inconsistent sleep, but the full context often helps you. For example, a steady decline in steps coupled with imaging findings of a knee injury paints a coherent picture.
Managing privacy while preserving proof
Preserving digital evidence does not require giving strangers a roving commission over your life. Thoughtful scoping, redaction, and protocols protect privacy and meet legal needs. I typically propose a two-tier approach: first, a set of discrete items we know are relevant; second, if necessary, a neutral forensic expert supervised by counsel who searches for specific keywords or windows. Courts are increasingly comfortable with that model, especially in crashes that raise questions about cell phone use or location.
Remember that context matters. A single location ping might look ambiguous until overlaid with a photo timestamp and a brief text message. Your lawyer’s job is to present the mosaic without overexposing your personal data unrelated to the crash.
Preservation letters that carry weight
A preservation letter, sometimes called a spoliation letter, should be tailored to the facts and sent quickly to anyone likely to hold relevant data: the driver and their insurer, employers if a commercial vehicle is involved, city or county agencies, nearby businesses, ride-hailing or delivery platforms, and any towing or storage facilities handling vehicles. Effective letters are precise. They specify the date, time range, location, categories of data, and examples of relevant systems: surveillance cameras, point-of-sale terminals with camera overlays, vehicle telematics, and maintenance logs. They request suspension of routine destruction and demand notice before any disposal or repair. They also signal that failure to preserve may lead to sanctions.
In a recent crosswalk case, we sent letters the morning after the crash to a grocery store, a parking garage, and a yoga studio across the street. Only the garage kept multi-week archives. Its camera captured the pedestrian signal countdown over two cycles. That clip undercut the driver’s claim about the light sequence without any eyewitness who could remember the exact timing.
When to bring in forensic help
Most cases do not require a full forensic image of a phone or the recovery of deleted files. But some do. If the defense accuses you of distraction or if you allege that the driver was on the phone, a targeted extraction may be strategic. Forensics can verify Do Not Disturb settings, call states, Bluetooth connections, and app foreground activity near the crash time. It can also capture system logs that ordinary backups miss.
Pick a credentialed vendor used to litigation, not a general repair shop. Ask about scope, privacy protections, and reporting format. Limit the time window around the event to the minimum needed to answer the question. Courts will back a narrowly crafted request far more readily than a fishing expedition.
Special scenarios worth anticipating
Nighttime collisions. Lighting and reflectivity become a flashpoint. Preserve clothing and footwear to test visibility. Capture ambient lighting at the same time of night within a few days, before seasonal changes alter sunset times. Modern phones can handle low light, but a tripod or pro help might be wise for an accurate depiction.
Construction zones. Temporary signs and cones move. Document placements immediately and over several days if you can. Ask your lawyer to seek maintenance and change logs from the contractor. Workers’ own photos often exist, and they can be preserved with prompt requests.
Hit-and-run. Act fast on area cameras, doorbell cams, and traffic sensors. If you have a partial plate or vehicle description, your lawyer can coordinate with authorities and sometimes with private databases that match vehicle features to likely plate ranges. Social posts asking for video can help if phrased carefully, but involve counsel to avoid collecting material you cannot authenticate later.
Rideshare involvement. Uber and Lyft keep detailed trip data, including driver location histories, time stamps, and sometimes in-app communications. Send preservation letters early and expect a formal process to obtain records. Drivers often have dashcams. Ask to preserve them immediately.
Commercial vehicles. Company policies, ELD logs, and telematics can be a gold mine. They are also cycle-based and short-lived if no hold is placed. If the vehicle is towed, storage yards sometimes turn off batteries, which can alter clock settings. Log the time the battery was disconnected if you can.
Working with a pedestrian accident attorney from day one
You do not have to carry this alone. A pedestrian accident lawyer coordinates the preservation steps so you can focus on medical care. They know which entities respond to informal requests and which require subpoenas. They can spot the difference between noise and signal in a data dump. Most importantly, they stand between your private life and an insurer eager to turn routine habits into leverage.
When selecting counsel, ask direct questions about digital evidence. How often do they send preservation letters in the first week? Do they work with forensic vendors? What is their approach to social media discovery? A pedestrian accident attorney used to digital practice will have practical answers and sample workflows.
A measured approach beats a perfect one
Perfection is not required, but speed and honesty are. Preserve broadly, share narrowly, and document what you do. If something was lost before you realized its value, say so. Courts forgive early mistakes more readily than late evasions. The goal is a credible story supported by authentic artifacts: a set of photos with intact metadata, a small run of texts with timestamps, a location trace that aligns with known landmarks, a few well-preserved videos from nearby cameras, and medical records that show how your injuries evolved.
Digital footprints can feel overwhelming, yet they allow ordinary people to stand on equal footing with well-funded defendants. With calm steps in the first days, you can protect what matters and leave room for your lawyer to build the case.