Proving the At-Fault Driver Was Texting While Driving

           Distracted driving is one of the leading causes of auto accidents not only in South Carolina but also across the United States. According to the National Highway Traffic Safety Administration, more than 9 people are killed and over 1,000 injured each day due to distracted driving. A well-known leading cause of distracted driving is texting while driving. If you have been rear-ended from behind or hit by a motorist who has ran a red light, in today’s day and age of technology, there is a high probability that the at-fault driver was using a mobile device in some form or fashion. However, the hard part is determining how you actually prove that the other driver was texting or operating his cell phone at the time of the collision.

Proving Texting While Driving Through The Use of Discovery

            The first place to start looking for information to prove texting while driving is the accident report itself. In South Carolina, every accident that results in a police investigation is documented in a form known as an FR-10. This report contains vital information about the driver including, importantly, their contact information. In this day and age, the contact number that is often listed on the accident report is the driver’s cell phone number they had at the time of the accident.

            Additionally, once a lawsuit is filed in South Carolina, there are several tools an attorney has at his or her disposal to obtain information throughout the discovery phase of litigation. Specifically, written discovery requests known such as Interrogatories, Requests For Production and Requests For Admissions are sent out to each party to obtain specific information regarding the facts and circumstances surrounding the accident and the at-fault drivers cell phone use during the course of the accident. Likewise, an attorney is able to send a subpoena to the at-fault driver’s cell phone carrier to obtain his or her records at the time of the accident. Lastly, an attorney will be able to depose the at-fault driver and question that person under oath about his or her cell phone use at the time of the accident.

An Experienced Auto Accident Attorney Can Help Prove Texting While Driving

            As you can see, there are a number of tools at your disposal to help prove texting while driving. However, these tools will require the help of an experienced attorney to prove through extensive litigation. Not surprisingly, most drivers deny cell phone use so having an attorney who is capable of utilizing these tools are usually the only way to successfully prove texting while driving.