What to Do in Car Accidents Caused by Cellphones

According to Forbes, up to 12% of car accidents involve cellphone use. If you’ve been injured in a car accident by someone using a cell phone, report the accident to the police. Seek prompt medical attention and gather information at the scene. Contact an experienced Greenville car accident lawyer to prove cellphone use and pursue compensation.

Immediate Steps To Take After an Accident Involving a Distracted Driver

If you’re hit by a distracted driver, take the following steps:

Report the accident to the police. Ask them to respond and investigate.
Mention your suspicions to law enforcement.
Seek prompt medical attention.
Document the accident scene with photographs, if possible.
If the driver makes any statements, write them down as soon as you can.
Don’t apologize or admit fault.
Contact a lawyer. They can help you preserve evidence quickly.
Get a copy of the police report when it’s available.

Time is important when you’re hit by a distracted driver. Contact Bobby Jones Law to talk to an experienced car accident lawyer for help with your case.

Car Accidents Caused by Cellphones—Will the Other Driver Admit It?

It would be ideal if the other driver readily admitted they were using their cellphone. While not likely, it’s possible. As someone involved in an accident, you should never answer questions about what occurred or admit fault. But maybe the other party will admit to cellphone use. Only approach the other driver if you can do so safely.

If they tell you, other witnesses, or the police that they were using a cellphone, you may seek to have their statement admitted in court.

Under South Carolina evidentiary rules, a statement of a party opponent is not hearsay. See S.C.R. Evid. 801(d)(2). If another witness makes the statement, you may rely on one of the hearsay exceptions in S.C.R. Evid. 803, including present sense impression or excited utterance to have the statement admitted in court.

Even if the other driver tells you they were on their cell phone, it’s still going to be their word against yours if the case goes to court. Your testimony may be helpful, but it may not be given much weight. Instead, you must pursue other ways to prove that the driver was using a cellphone during the accident.

How To Prove the Other Driver Was Using a Cellphone During the Accident

To prove the other driver was using a cell phone during an accident, you may subpoena records from the cellphone company. You must have a lawfully issued subpoena submitted correctly to obtain these records. The phone companies highly scrutinize subpoenas they receive, so a proper submission is critical.

You may also use discovery to require the defendant to submit cellphone data directly. You may ask them to produce logs of use or admit to certain activities. You can receive only relevant information. A subpoena to the cellphone company will not produce records of app use. You may ask the defendant to produce this information in discovery and browse the web for any public social media accounts. Be mindful that the federal Stored Communications Act may prohibit you from receiving critical app use information directly from social media companies.

In addition to documentary proof, look for video that may have captured driver activity proceeding the crash. Effective examination of witnesses and cross-examination of the defense may elicit helpful statements.

South Carolina Laws on Cellphone Use While Driving—Texting Prohibited

The South Carolina cellphone use law prohibits texting while driving (S.C. Code § 56-5-3890).
A driver may not read, send, or write text messages while operating on public streets.
The law covers phones, computers, text messaging devices, instant messaging, and email.
Talking on the phone is allowed, as is hands-free wireless communication.
There are exceptions for calling 911 and for public safety officials performing their duties.
Using navigation is allowed.

A violation of the South Carolina cellphone while driving law is subject to a fine of up to $25.

Negligence per se and cellphone use

Violation of a statute like the South Carolina texting and driving law is negligence per se. When it applies, the plaintiff does not have to prove that the defendant’s behavior was negligent. The statute itself proves negligence. The plaintiff must still prove that the cellphone use occurred and that it caused the accident. However, whether cellphone use for texting while driving is negligent behavior is already established by the law. See Fairchild v. Dept. of Transp., 385 S.C. 344, 683 S.E.2d 818 (S.C. Ct. App. 2009).

Even cellphone use other than texting may be negligent behavior. It depends on the circumstances and whether the driver’s behavior breached a duty of care as a motor vehicle operator.

Punitive damages

Under current South Carolina law, negligence per se is evidence of recklessness. A plaintiff may seek punitive damages based on a statutory violation, and they must ask the court to submit the issue to the jury. See Wise v. Broadway, 315 S.C. 273, 276, 433 S.E.2d 857, 859 (1993).

The Role of an Attorney in Distracted Driving Accident Cases

An attorney plays an important role in a distracted driving accident case. Cases often rely on gathering evidence, which may need to be gathered through subpoenas and court hearings to enforce discovery. Successful examination and cross-examination of witnesses may result in useful statements. An expert may be required to admit or explain cellphone evidence. Evidentiary rules may be important.

Any of these tasks alone or all of them cumulatively may be outcome-determinative. An experienced lawyer can provide the legal skill and strategy needed to pursue a claim involving a driver on a cellphone.