Our David W. Martin Accident & Injury Lawyers in South Carolina know the National Highway Traffic Safety Administration estimates that 42,795 people died in motor vehicle traffic crashes nationwide last year. Near the end of 2023, 950 traffic deaths have occurred in South Carolina.
A recent report pointed out that drunken driving has not become more common, and roads have not become more dangerous. However, one significant change in driver behavior has been a major contributor to traffic crashes: the use of smartphones.
“The adoption of smartphones for the past 15 years — where we are today, being addicted to social media and other apps — absolutely contributes to the increase in fatalities on our roads,” Matt Fiorentino, a vice president at Cambridge Mobile Telematics, which tracks dangerous driving for carmakers, insurers, and regulators, said.
From a liability standpoint, the question becomes, how can you prove a driver was using their smartphone when they caused your crash?
How Can I Prove I Was Injured by a Driver Who Was on Their Smartphone?
Part of the value our South Carolina personal injury lawyers bring to our client’s cases is our accident investigation experience, resources, and skills.
Proving that a driver was using their smartphone during a crash can be challenging, but several methods and pieces of evidence can be utilized.
They include:
- Eyewitness Testimony
If there were any witnesses to the accident, their statements could be crucial. Witnesses who saw the driver using a smartphone or observed erratic driving behavior consistent with distraction can provide valuable evidence.
- Cellphone Records
Subpoenaing the at-fault driver’s cellphone records can provide information about calls, texts, or app usage around the time of the accident. If the distraction is related to app usage or social media, action may be taken to obtain records from relevant platforms to show activity during the time of the accident.
- Surveillance Footage
If the accident occurred in an area with surveillance cameras, obtaining footage from nearby businesses or traffic cameras can potentially capture evidence of smartphone use.
- Accident Reconstruction Experts
Accident reconstruction experts may analyze the scene, damage to the vehicles, and other factors to determine the likely cause of the accident. While they may not directly prove smartphone use, their findings can be used to build a case.
- Expert Witnesses
Experts in forensic technology or accident reconstruction may be able to provide testimony regarding the correlation between the driver’s actions and smartphone use.
Our personal injury attorneys in South Carolina can help you explore the best approach based on your case’s circumstances. We can guide you through collecting evidence and building a strong case to demonstrate that the other driver’s smartphone use contributed to the accident.
Contact Our Skilled South Carolina Car Accident Attorneys For Help Today
If you have been injured in a vehicle collision caused by a distracted driver in South Carolina, contact our David W. Martin Accident & Injury Lawyers today by calling 803-258-6199 to learn more about your legal rights and options to hold the negligent party liable for your complete recovery needs.
We provide consultations for all personal injury cases in South Carolina and never charge any legal fees unless we deliver a positive outcome for your unique case.