The accident happened so fast, but one detail stands out clearly: the motorist at fault was definitely not paying attention at the time of the crash. Maybe you glimpsed their phone's glow, heard the notification sounds, or noticed their delayed reaction before impact. Now, as you deal with medical bills and insurance hassles, you're wondering how to prove what you witnessed in those crucial seconds.
Alderson Law knows that distracted driving cases aren't won on hunches—they’re successful based on solid evidence. Here's how we help South Carolina car accident victims build airtight cases against texting drivers who won't take responsibility for the crashes they caused.
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How Does South Carolina's Hands-Free Law Impact Your Distracted Driving Case?
As of September 1, 2025, our state adopted the Hands-Free and Distracted Driving Act. This law means motorists can’t:
- Hold or support a mobile device “with any part of their body”, although an earpiece or device worn on the wrist for voice-based communication is permitted.
- Use mobile devices to compose, read, or transmit texts, emails, app interactions, or website information.
- Watch motion on a mobile device, including a game, movie, video, or video call.
If it can be proven that the negligent driver violated this statute, their actions constitute negligence per se—automatic fault regardless of other circumstances. This makes establishing liability much easier for crash victims.
However, the law allows hands-free use for GPS navigation and emergency calls, and defense attorneys often claim their client was using permitted functions. Greenville distracted driver attorney and former prosecutor Ryan Alderson knows that presenting strong calling or texting driver crash evidence is essential to counter these defenses.
What Evidence Do Courts Accept to Prove Distracted Driving?
Speculation or assumptions about phone use aren’t accepted. Winning these challenging cases requires documented proof that meets specific legal standards under state evidence rules. When Ryan reviews your case, here’s some of the potential evidence he’ll take into consideration.
Phone Records and Call Logs
This information is often the strongest, irrefutable proof because it shows exactly when calls were made or texts sent relative to the accident time. These records, obtained through legal subpoenas, help prove the negligent driver was actively using their device during the collision.
Surveillance and Video Footage
Traffic cameras, business security systems, and dashboard cameras capture motorists looking down at phones or holding devices. Footage showing erratic driving patterns—sudden lane changes or delayed reactions—might also support distraction claims.
Eyewitness Testimony
Passengers, pedestrians, or other drivers who saw the at-fault party using a phone provide crucial firsthand accounts. Their statements about seeing someone texting, talking, or holding a device carry substantial weight in South Carolina courts.
Police Report Documentation
When responding officers note that a driver admits to texting or appears distracted, these official documents become valuable evidence. Officers may also document scattered phones or other signs of device use at the scene.
What Role Do Expert Witnesses Play in Distracted Driving Cases?
Accident reconstruction experts analyze crash patterns and examine factors such as reaction times, braking distances, and impact angles to show whether a driver was paying attention. These experts can also demonstrate that an alert driver would have stopped or swerved to avoid the collision.
Technology experts interpret phone data and explain complex evidence to juries. They show exactly:
- Which apps were active.
- How long messages took to compose.
- Whether voice-to-text features were used.
This technical testimony helps juries understand the scope of distraction during critical moments.
While they can’t provide an exact GPS location, cell phone records are another form of proof that the at-fault motorist was in a general area and confirm if their phone was making calls, sending texts, or using data. In a distracted driving car accident case in South Carolina, this information further supports the claim that the individual wasn’t focused on the road.
Count On Alderson Law to Give Your Case Our Complete Attention
Under South Carolina’s comparative negligence rules, if you can show the other driver was negligent—for example, distracted—and that your own fault is no more than 50%, you may recover damages reduced by your share of fault. Evidence that the motorist’s behavior was particularly egregious might help support higher non-economic damages, such as pain and suffering, but there’s no guarantee. Awards still depend heavily on factors such as injury severity, evidence, and how fault is allocated.
Don't let critical evidence disappear while you're recovering from your injuries. Contact Alderson Law today for a free consultation about your distracted driving accident case. We'll review your situation, explain your legal options, and immediately take action to preserve your rights. When insurance companies see our thorough evidence packages, they know fighting the case will cost them more than the proper settlement you deserve.
