Note: This is a generalization of a case. Some details have been changed.
Our Senior Digital Forensics Expert, Scott Greene, was retained by the plaintiff's counsel in a highly contested case against a major logistics company. Recently, his work contributed to a landmark victory. The case concerned a collision between a logistics company vehicle and a motorcyclist who suffered severe injuries including a Traumatic Brain Injury (TBI) in the aftermath. Scott was retained to collect and investigate digital evidence relating to the logistic company's tracking software.
After meeting Scott and having him successfully collect the tracking software’s data, the plaintiff’s attorney decided to have Scott also testify about the driver's social media accounts and cell phone data (after it became available).
Logistic Company Software
After collecting data from the logistics company on site, there was a large amount of data to analyze. Due to the proprietary nature of the company's tracking software and the various applications utilized (software was used to track packages, loading, workers, vehicles, etc.), Scott and his Digital Forensics Team had to research the applications used, determine what they record, and how they could best use those particular details to uncover the truth surrounding the events leading up to the crash. Analyzing the available GPS data, they were able to paint a picture of the days leading up to and including the crash, showing where the driver had traveled and stopped and even estimating his approximate speed.
Some of the examined data also included data from software that alerted the logistics company to distracted driving and other driver errors. The software tracked events like hard braking, hard acceleration, speeding, distraction, and more. Scott was able to quantify the large number of violations the defendant driver had accumulated, which were all reported to the logistics company.
Defendant Driver's Cell Phone
Utilizing data acquired from the defendant driver's cell phone and cell phone records, the team created a timeline of cell phone usage, examining data from the days prior to and including the crash. While activity at the time immediately prior to the collision was the most compelling, activity over previous days helped to establish a pattern of behavior. The analysis showed very high data usage throughout the driver's shifts, consistent with viewing high-resolution videos. The use of adult-entertainment websites was also uncovered.
Social Media
Digging deep, Scott and his team uncovered all of the Defendant driver's social media accounts, including ones suspended and no longer publicly available. After collecting these, every post was scrutinized to see what was happening when the defendant driver was driving or on duty. The team found multiple instances of the driver posting videos of himself in selfie mode, filmed while driving.
Bringing it all Together
Taking the data from the logistics company to establish a detailed driver route, the team overlaid what they had uncovered from the driver's cell phone in order to prove exactly where the driver was, whether he was driving, and about how fast he was driving when cell phone usage was taking place. This work established an egregious pattern of distracted driving behavior, which the logistics company could have and should have been aware of due to their driver action tracking and potential auditing capabilities.
This was a complex case with many moving parts. Scott and his team were able to accurately analyze all of the separate components and bring them together in a demonstrable way for the jury.
Using exhibits as demonstrations, Scott testified in front of the jury as to the actions of the defendant driver. He was able to show exactly where the driver was when he accessed the adult sites.
All of this contributed to the plaintiff's success in the case.
Do you have a case involving a motor vehicle collision and are wondering what role digital evidence may play? Reach out today to discuss the matter with one of our digital evidence experts.
