Yes. Deleted text messages, emails, social media messages, and other electronic records can become an issue in an Arizona personal injury claim when they contain information relevant to how an accident happened, what injuries occurred, or what the parties knew before or after the incident.
Once litigation is underway or reasonably anticipated, Arizona rules can require relevant electronically stored information to be preserved. Deleting important records after that duty arises may lead to disputes over lost evidence and, in some circumstances, court-imposed sanctions.
Why Can Text Messages and Emails Matter in a Personal Injury Case?
Electronic communications can provide a contemporaneous record of events that may be difficult to reconstruct later.
Depending on the case, messages might show:
- What a driver said immediately after a collision
- Whether a property owner knew about a dangerous condition
- Communications between an employee and employer
- Statements about how an injury occurred
- Discussions about medical limitations
- Admissions concerning responsibility
- Scheduling or maintenance information
- Communications with witnesses
As a personal injury attorney, we do not evaluate digital evidence in isolation. We compare it with photographs, reports, medical records, witness testimony, video, and other available documentation.
A single text message may not establish liability by itself, but several digital records can help clarify a disputed timeline.
When Does the Duty to Preserve Electronic Evidence Begin?
Under Arizona Rule of Civil Procedure 37(g), a person or party must take reasonable steps to preserve relevant electronically stored information once an action begins, once they learn they are a party, or once they reasonably anticipate that an action will begin.
That timing is important.
The obligation does not necessarily begin only after a lawsuit is formally filed. A preservation duty may arise earlier if someone seriously contemplates bringing a claim or reasonably knows that litigation is likely.
For that reason, we generally advise against deleting messages, replacing devices without preserving their contents, clearing relevant email accounts, or altering electronic records connected to an accident once a claim is anticipated.
What Is Spoliation of Evidence?
Spoliation generally refers to the destruction or failure to preserve evidence that should have been available for use in litigation.
Arizona courts can address the loss of electronically stored information under Rule 37(g). Depending on the circumstances, the court may consider whether reasonable preservation steps were taken, whether the information can be restored or replaced, whether another party was prejudiced, and whether there was an intent to deprive another party of the evidence.
Possible consequences can vary considerably. They may include expenses or other remedial measures, and more serious sanctions may become available when intentional destruction is established.
That is why preserving potentially relevant information is usually safer than deciding independently that a message no longer matters.
Can Accidentally Deleted Messages Still Cause Problems?
They can, but accidental loss is not necessarily treated the same as intentional destruction.
Phones automatically delete older conversations, cloud accounts may have retention limits, and devices can fail. Arizona’s preservation rules consider factors such as whether information was lost through the good-faith routine operation of an electronic system and whether reasonable steps were taken to preserve it.
If something relevant has already been deleted, that does not automatically mean a personal injury claim is lost.
Copies may exist elsewhere, including:
- The recipient’s device
- Cloud backups
- Email servers
- Business systems
- Screenshots
- Connected devices
- Other participants in a group conversation
A personal injury lawyer can evaluate what was lost, whether another source may contain the information, and whether additional preservation steps are appropriate.
Should You Delete Messages That Seem Embarrassing or Unhelpful?
No. Deleting unfavorable information can create a more serious problem than the message itself.
A claimant might feel tempted to remove a text that sounds overly optimistic about recovery, a social message showing an activity, or an email discussing the accident inconsistently. But deleting potentially relevant material after a preservation obligation arises can invite questions about why it disappeared.
Context also matters. A short message may appear damaging when viewed alone but make sense when the full conversation is reviewed.
As a personal injury claim lawyer, we would rather evaluate a difficult piece of evidence in context than address an allegation that relevant evidence was intentionally removed.
Can the Other Side Request Your Texts or Emails?
Potentially, yes, if they are relevant and fall within the permissible scope of discovery.
That does not mean every email, private conversation, or phone record automatically becomes available to the opposing party. Discovery is supposed to relate to issues in the case, and Arizona’s rules place limits on overly broad or disproportionate electronic discovery.
For example, messages discussing physical limitations after an accident could become relevant if the extent of those limitations is disputed. Communications about an accident itself may also be relevant to liability.
A personal injury law attorney can assess whether a request is appropriate and respond through the formal discovery process.
Why Is Digital Evidence Increasingly Important in Arizona Injury Cases?
Personal injury disputes increasingly involve information created outside traditional reports and paper records.
Text conversations, smartphones, dashcams, cloud accounts, navigation data, social platforms, and electronic business systems may all preserve details about an accident.
This matters in a state where serious accidents remain common. The Arizona Department of Transportation reported 121,107 motor vehicle crashes in 2024, resulting in 54,426 injured people.
Not every personal injury claim involves a vehicle collision, but the data illustrates how frequently Arizona residents may face situations where digital evidence becomes relevant to determining what occurred.
What Should You Preserve After an Arizona Accident?
If you believe an accident may lead to a personal injury claim, consider preserving information that could reasonably relate to what happened or the resulting injuries.
That may include:
- Text messages
- Emails
- Photographs and videos
- Voicemails
- Social media communications
- Digital receipts
- Calendar entries
- Location information
- Messages with witnesses
- Communications with involved businesses
Avoid editing original files when possible. Keeping the original record can preserve dates, timestamps, participants, and other information that may later matter.
How Can We Help Protect the Evidence in Your Claim?
Digital evidence can strengthen a case, but it can also create complications when records disappear or are misunderstood.
At Folger Law Firm, we help injured people identify potentially important evidence, understand preservation obligations, evaluate requests for electronic records, and build a claim around the complete factual record. Our personal injury practice includes claims involving collisions and other injuries caused by negligent conduct.
If you have questions about evidence after an Arizona accident, call us at (602) 774-0033 or contact Folger Law Firm to discuss your situation.