Courts have a name for digital records. Electronically stored information, or ESI, means records kept in digital form: text messages, emails, app data, photos, and other information stored on a device or in the cloud. A survivor's screenshots and texts are ESI. So are the rideshare company's own trip and communication records.
In federal civil cases, the rule that addresses lost ESI is Rule 37(e) of the Federal Rules of Civil Procedure. As Rule 37(e) of the Federal Rules of Civil Procedure states:
"If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court: (1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or (2) only upon finding that the party acted with the intent to deprive another party of the information's use in the litigation may: (A) presume that the lost information was unfavorable to the party; (B) instruct the jury that it may or must presume the information was unfavorable to the party; or (C) dismiss the action or enter a default judgment."
Put plainly, the rule applies only when several conditions are met together: the information should have been preserved because litigation was expected or under way (often called a duty to preserve), it was lost because a party did not take reasonable steps to keep it, and it cannot be restored or replaced. If another party is harmed by the loss, the court may order measures no greater than needed to fix that harm. The stronger responses, an instruction that the jury may or must presume the lost information was unfavorable, dismissal, or a default judgment, are available only if the court finds the party acted with intent to deprive the other side of the information.
The rule runs in both directions. It applies to the rideshare company's records, and it can apply to a survivor's own records once a duty to preserve has arisen. Exactly when that duty began is a fact-specific question.
If a case is in state court, a different set of rules applies. Losing or destroying evidence is often called spoliation, and each state has its own spoliation rules, which differ from Rule 37(e) and from one another. So what a lost text or screenshot means for a survivor can depend on where the case is heard.