How Can We Prove the Other Driver was Texting and Driving at the Time of the Wreck?

Texting while driving is a leading cause of auto accidents in Columbia, SC. If  you were struck from behind, or by a driver who ran a stop light, you may suspect that texting contributed to the at fault driver’s recklessness. The question then becomes: How do we prove the other driver was on their cell phone at the time of the collision?

There is an old saying in law that it is not what you know, but what you can prove. This saying certainly applies to cell phone use. Fortunately, there are many avenues by which to prove texting and driving. After a lawsuit is filed, we conduct what is known as “discovery.” In other words, we seek to discover as much as possible about the crash while uncovering every piece of evidence. Initially, we send out written discovery requests known as interrogatories, requests for production, and requests to admit to establish that texting – or some other form of cell phone distraction – caused the crash. We then subpoena the at fault driver’s cell phone records. Next, I will question the driver under oath about his cell phone use during what is known as a deposition.

In sum, there are a number of ways to prove someone was driving while texting. Unsurprisingly, most reckless drivers deny this fact until confronted with an overwhelming amount of evidence. Jurors strongly disapprove of texting and driving. Thus, if we can prove this part of your case, it will help ensure you receive a fair outcome. Should you have any questions about a car accident in Columbia or any other part of South Carolina, please know that I am here to help. Call me today at (803) 790-2800.

Kenneth Berger
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Columbia, South Carolina car accident and personal injury attorney dedicated to securing justice for clients