Modern cars are small computers on wheels. They record speed, braking, and seat belt use. Phones record calls, texts, and app activity. Traffic cameras and doorbell cameras add video. In a Houston crash claim, all of this data can decide whose story is believed.
Texas had 4,150 traffic deaths in 2024, according to the Texas Department of Transportation, so the digital trail left behind by each crash matters more every year. Graham Sutliff, a Houston trial lawyer who has been named a Texas Super Lawyer since 2012 and once practiced at Vinson & Elkins, co-founded the Sutliff & Stout Houston car accident lawyers practice, and the cases it handles show how much technology now shapes proof.
This article explains what data exists, who controls it, and how it is used.
What Does a Modern Car Record About a Crash?
Most newer vehicles carry an event data recorder. It is a small device that saves information during a crash or a hard stop. The data often includes the following items.
- Vehicle speed in the seconds before impact.
- Whether the brakes were pressed.
- How far the gas pedal was pushed.
- Whether the driver wore a seat belt.
- Steering angle and sudden changes in direction.
- Whether airbags opened.
This data is short and narrow. It does not record sound or video. It also does not tell the whole story of the crash. What it does well is test claims. If a driver says, “I was going the speed limit,” the recorder can confirm or contradict that statement.
From a court’s perspective, a machine record is often easier to trust than a memory. Drivers are shaken after a crash, and memory fades fast. A speed number and a brake reading do not change over time.
Who Controls the Data in Texas?
Texas has a law about this. Section 547.615 of the Texas Transportation Code says that the data in a recorder belongs to the vehicle owner. Others may download it only in limited cases, such as with the owner’s consent or under a court order. Rules also allow downloads for certain safety research or repair needs.
This matters for two reasons. First, an injured person cannot simply demand the other driver’s data. A request, a letter, or a court order is usually needed. Second, an injured person’s own data can be asked for by the other side. A driver should know the rule before agreeing to let an insurer inspect a car.
Because a wrecked car may be sold for parts or crushed, the data can be lost. A written request to keep the vehicle and its recorder should go out quickly. An insurer that totals a car may move it to a salvage yard within days.
How Does Phone Data Fit In?
Texas bans texting while driving. Section 545.4251 of the Transportation Code, in force since September 2017, makes it an offense to read, write, or send an electronic message while a vehicle is moving. Exceptions exist for hands-free use and for navigation.
Phone records can show whether a driver was active at the time of a crash. The records may include the following.
- Call logs and text message times.
- App use and screen activity.
- Data usage during the minutes before the crash.
Phone companies keep some records only for a limited time. A request made months later may come back empty. A lawyer can send a preservation letter to the other driver and, when needed, ask a court to order the release of records.
Texas Department of Transportation reported that 94,330 crashes involved distracted driving in 2023, with 399 deaths and more than 2,793 serious injuries. Phone records are a tool for checking whether distraction played a part in one particular crash.
From an insurance adjuster’s perspective, a driver who says he or she was not on the phone has made a claim that can be tested. If the records agree, the claim is stronger. If they do not, it can fall apart.
What About Video From Cameras?
Video is often the most powerful proof. A clip can show the light color, the lane, and the speed of each car. Sources of video include the following.
- A dash camera inside the driver’s car.
- A doorbell camera on a nearby home.
- A security camera at a store or gas station.
- Traffic cameras run by the city or the county.
- Cameras on buses or delivery trucks.
Most systems record over old footage. A store may keep video for only a few days. A person who waits a week may find that the clip is gone. The best step is to note where cameras are located on the day of the crash, then ask the owners in writing to save the footage.
What Data Do Commercial Trucks Add?
Trucks hold much more data than cars. The truck has its own engine computer, and it often has an electronic logging device that tracks hours of driving. Many fleets also use cameras that face the road and the driver.
The numbers show why this matters in Houston. In 2023, Harris County had 6,117 crashes involving commercial motor vehicles, with 40 deaths and 149 suspected serious injuries, according to the Texas Department of Transportation. Statewide, such crashes numbered 38,928 and caused 621 deaths.
A trucking company may erase camera video or logging data on a set schedule. A written preservation letter asks the company to keep the records. Federal safety rules also limit driving to 11 hours after 10 hours off duty, and the logging device can show whether the limit was met.
Hank Stout, a co-founder who is board certified in personal injury trial law by the Texas Board of Legal Specialization, practices in a field where such records often tie directly to fault. The firm reports a 13,314,000 dollar jury verdict from Harris County in June 2023 for a wrongful death caused by an 18-wheeler crash. Each case has its own facts, and a past result does not promise a future outcome.
What About Insurance Apps That Track Driving?
Many insurers now offer apps that track driving habits for discounts. These apps may record speed, hard braking, and phone use. The data can be useful to a driver who was careful. It can also be used against a driver after a crash.
A driver should read the terms of any tracking program. The terms often say what the insurer may do with the data. If a crash happens, the driver should ask what the insurer holds and whether the data can be shared with others. A lawyer can help sort out which requests must be answered and which can be refused.
How Can a Driver Protect Digital Proof After a Crash?
A person does not need special tools. A few habits help.
- Take photos and video of the scene, the cars, and the road.
- Write down the time, the weather, and the exact location.
- Do not delete texts, calls, or app history.
- Do not repair or sell the car before the data is safe.
- Ask nearby businesses whether they have cameras.
- Give a lawyer the chance to send preservation letters early.
Social media also matters. Posts can be used to question a person’s story. It is wise to avoid posting about the crash, the injuries, or daily activities while a claim is open.
Why Does This Matter for Houston Drivers?
Houston has heavy freeway traffic, long commutes, and busy freight routes. A crash can involve several cars, a truck, a rideshare driver, and a company with its own insurer. Each party has its own data and its own reasons to keep or protect it.
The person who is hurt often has the weakest hold on the facts. The other side may have an adjuster at the scene within hours. Digital proof can help level the field, but only if someone saves it in time.
Technology has changed what a crash claim looks like. The core question remains simple. Who caused the harm, and how can that be shown? Event data recorders, phone records, and video can answer that question with facts instead of guesses. Houston drivers who know what exists, who controls it, and how fast it can vanish are better prepared to protect their rights.
