LAS VEGAS – Issues including how long – and when – a delivery driver was on the phone, or how much sleep they had are playing increasingly large roles in litigation against equipment dealers and renters’ service firms whose vehicles have been involved in accidents.
For equipment dealers and renters with mobile service teams and delivery drivers, understanding digital forensics can be key to protecting a business from fraud or litigation that could result in millions of dollars in losses, Lars Daniel, practice leader at digital forensics firm Envista Forensics, said during the ARA Show 2025 here on Jan. 29.
A digital forensics report can contain hundreds of thousands of activities on a cell phone or car computer and track everything from physical touch activity to information received.
Litigators, for example, can use digital evidence to check the amount of sleep a driver typically gets, which can support distracted driving or negligent driving claims, Daniel said.
“If you have a driver who has a [typical] sleep schedule with this limited amount of sleep, that is absolutely ammunition for attorneys…” he said. “That is a huge problem if you’re dealing with people who are operating heavy vehicles.”
The $2,000 to $5,000 cost of a thorough examination of a phone often outweighs the potential litigation costs, Daniel said.
“It’s not some crazy amount of money that, when you’re thinking about potential litigation and you get to above $50,000 or more, a lot of times it might make sense, especially with reputational damage that could potentially be there, too, and you’re just looking to break even on that,” he said.
The third annual Equipment Finance Connect at the JW Marriott Nashville in Nashville, Tenn., on May 14-15, 2025, is the only event that brings together equipment dealers and lenders to share insights, attend discussions on crucial industry topics and network with peers. Learn more about the event and register here.
