The Silent Evidence in Wrongful Death Cases: How Digital Data Tells the Story When Victims Can’t

Californians who lose a loved one in an accident face a tragedy that is often unimaginable. In addition to the grief that comes from losing a family member, friend, or other loved one, many families are left with questions about what happened. When there are no witnesses to a fatal accident, or when the memories of those who were present fade with time and the stories change, it may seem as though it will be impossible to prove what happened. 

However, in today’s world, digital data can help make or break a case. Read on to learn more about how this information can be gathered to help those who have lost loved ones due to the senseless, negligent acts of others.

How Digital Evidence Speaks for Those Who Can’t

Let’s face it: In 2025, digital evidence often “speaks” louder than any witness or victim could. Often referred to as “silent evidence,” it can be the key to proving a wrongful death claim.

Our Santa Ana wrongful death lawyers use state-of-the-art technology and investigative techniques to uncover and use digital evidence. In many cases, a text message sent moments before a crash or the black box of a car involved in a fatal accident can help to ensure that the true story is told and those who caused the accident are held accountable.

Examples of “Silent Evidence” 

“Silent evidence” is simply data that is stored automatically by electronic devices or systems. This evidence is “silent” because it was not dependent on human memory or observation to be recorded. In wrongful death cases, “silent evidence” may include:

• Vehicle event data recorders (EDRs) (commonly referred to as a car’s “black box”): EDRs automatically track such things as speed, braking, and steering angles, and seatbelt use before and during a collision.
• Cell phone data: Timestamped text messages, phone calls, and app use may demonstrate whether a driver was distracted at the time of an accident.
• Surveillance video: Cameras on streets and businesses, and even those on neighboring properties, may have recorded the critical seconds before and during a fatal accident.
• GPS and telematic data: Delivery vehicles, rideshare services, and commercial fleets often track drivers’ routes and speeds.
• Smart device logs: Fitness trackers, smartwatches, and even home security systems may contain information that can help to show what a victim was doing or when an accident occurred.

In short, if any of this evidence is available, it can often be used to help prove who was at fault – even if the victim is no longer able to speak.

Why Digital Evidence Is Important in Wrongful Death Cases

In California, wrongful death claims are premised on the legal concept of negligence. When a loved one dies as a result of someone else’s negligent or reckless behavior, the victim’s family may have the right to hold the responsible party accountable and recover compensation. The burden of proof in a negligence case, however, falls on the family that has lost its loved one. To recover, they must be able to show that someone else caused their loved one’s death.

When witnesses are available, objective evidence will be used. Still, digital data can play a crucial part in proving negligence. Such evidence can: 

• Corroborate or contradict eyewitness testimony. For instance, GPS data may demonstrate that a driver who claimed to be driving 45 mph at the time of the crash was actually going 70 mph.
• Establish a timeline. Timestamps on phone records or surveillance tapes may provide insight into when and how an accident happened.
• Establish a pattern of negligence. Telematics or dispatch data may show that warning signs were ignored or that safety rules were repeatedly violated in cases involving delivery companies or other businesses.

Simply put, digital data can help fill in the gaps for families and turn a case that may be uncertain into one that can be successfully proven.

Preserving Digital Evidence 

It is important to remember, however, that digital evidence can easily be lost or destroyed if not properly preserved. Spoliation letters, also known as preservation requests, are letters sent by an attorney informing another party that he or she represents someone who may have been injured and may bring a claim. When sent to the appropriate individuals or companies, a spoliation letter or preservation request puts the recipient on legal notice that he or she must not destroy any evidence that may be related to the matter. The main takeaway for a family who has lost a loved one in a fatal accident, however, is that it is essential not to wait to contact an attorney. It is easy for vehicle black boxes to be overwritten, phones to be reset, and surveillance cameras to be erased, often within days of an accident.

When you work with a skilled wrongful death attorney in Santa Ana, they will immediately investigate every possible source of data, including vehicles, devices, and other systems. The attorney will work with several expert witnesses to not only obtain the digital and physical evidence necessary to prove a claim, but also present that information in a manner a judge or jury can understand.

Give Our Santa Ana Wrongful Death Lawyers a Call Today

We understand that California families who have lost a loved one in an accident have several choices when it comes to hiring a person to represent their interests. What truly matters, however, is who will act quickly and use the most modern techniques and tools available to pursue a claim. We invite you to contact our office today for a free consultation to discuss your legal rights and options.