Proving the Other Driver Was Distracted While Driving
Distracted driving is dangerous and can lead to catastrophic road accidents. Simple actions like texting, eating, or using a phone while driving may seem harmless, but they can take a driver’s focus off the road with disastrous consequences. In South Carolina, distracted driving is a significant issue, causing an average of two crashes every hour, according to the South Carolina Department of Insurance. If you have been in an accident and suspect the other driver was distracted, proving it is key to holding them accountable and securing the compensation you deserve. But how do you do this? Read on to find out.
How Do I Prove Distracted Driving?
To prove distracted driving, the following steps can help you build a solid case:
- Document the Scene of the Accident
Start by collecting as much evidence as you can on the accident scene. This may include taking photos of the crash scene, vehicle position, and any visible skid marks or damage. Additionally, the interior of the other driver’s car can indicate if the driver was distracted if there are clear signs of open food containers, makeup strewn all over the cabin, or a mobile device in use.
- Talk to Witnesses
Eyewitness testimonies are often vital in proving distracted driving. Eyewitnesses may include passengers, pedestrians, or other drivers who saw the accident. Request their names and contact information and ask if they are willing to give statements to the police or the insurance company about what they saw. A credible witness who saw the other driver distracted can significantly help strengthen your case.
- Obtain the Police Report
When law enforcement officers arrive at the accident scene, they usually document details of the crash and those involved. A police report can help prove your case since it is considered an unbiased account of what happened. Be sure to request a copy of the police report, as it may include notes about the other driver’s behavior or even admission of distraction.
- Secure Video Evidence
Another way to prove that the other driver was driving while distracted is through evidence shown in surveillance cameras, dashcams, and traffic cameras. Additionally, footage from nearby businesses may show if the driver was distracted, so check these, too.
- Access Cell Phone Records
Albeit challenging, obtaining the other driver’s phone records may reveal if they were texting or on a call when the accident occurred. If the driver refuses to cooperate, an experienced car accident lawyer can assist you in accessing this crucial evidence.
- Check Social Media Activity
Sometimes, the other driver’s social media posts can provide critical evidence of distraction. A time-stamped post or interaction during the crash can help demonstrate they were not focused on driving.
South Carolina’s Distracted Driving Laws
Under South Carolina Code Section 56-5-3890, composing, sending, or reading text-based messages or emails while driving is illegal. If a driver is found to have been distracted while driving, they may face fines ranging from $25 to $50. However, if distraction leads to an accident, the penalties may be higher, including higher fines, points on the license, or even having their license suspended.
Contact Gus Anastopoulo Law Firm
If you or a loved one has been involved in a South Carolina car accident caused by distracted driving, our experienced Charleston car accident lawyer at the Gus Anastopoulo Law Firm can help.
Source:
scstatehouse.gov/code/t56c005.php#56-5-3890:~:text=SECTION%2056%2D5%2D3890.Unlawful%20use%20of%20a%20wireless%20electronic%20communication%20device%20while%20operating%20a%20motor%20vehicle%3B%20penalties%3B%20limitation%20on%20law%20enforcement%20officers%3B%20department%20to%20maintain%
