Cell Phone Records After a Car Crash, and Punitive Damages in South Carolina

Across South Carolina, auto and trucking accidents are causing injuries and changing lives. Many of these crashes are as preventable as they are life-changing. In a high percentage of cases, the at-fault driver was distracted. In fact, according to the CDC, in 2018, 2,800 people were killed and approximately 400,000 people were injured in car accidents caused by distracted drivers. If you were injured in an accident caused by a distracted driver, you have options to hold the responsible person legally and financially accountable for the harm they've caused. 

Did You See the At Fault Driver Before the Car Accident?

at fault driver is textingWhen a new client comes in for a consultation, one subject we discuss is whether the client saw the at-fault party prior to the crash. If so, I want to know if the at-fault driver was talking on a cell phone or looking down before he/she injured my client. I also talk to witnesses about whether they saw or suspected cell phone use before the accident occurred. 

If we cannot settle a case without filing a lawsuit, one of the first items I subpoena in most car accident cases is the Defendant’s cell phone records. My staff and I then check for incoming/outgoing calls, text messages, and Internet capability. We also review social media sites to determine whether any “posts” or “tweets” were made from the Defendant’s phone near the time of the accident.

Texting and Driving May Warrant Punitive Damages

Many people view texting and driving as a reckless, willful act. When it causes injury to another, jurors often believe the Defendant’s recklessness warrants punitive damages. For this reason, punitive damages are demanded in every lawsuit I file where the at-fault party was texting while driving. As a car accident attorney, my job is to maximize clients’ recovery and help deter dangerous behavior. Seeking punitive damages is one part of this job in cases where another driver placed a “smartphone” ahead of my client’s safety.

For help determining whether the driver who harmed you was distracted by a cell phone at the time of your accident, call us today at 803-790-2800 (Columbia, SC) / 843-427-2800 (Myrtle Beach, SC), or start a live chat 24/7 with a real, live person to arrange a free and confidential consultation.

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Kenneth Berger
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Columbia and Myrtle Beach car accident and personal injury lawyer dedicated to securing justice for clients.