How Do I Prove the Other Driver Was Texting?

Certain driving behaviors clearly indicate distraction: drifting, fender-benders, and running red lights are all linked to cell phone use. But how do you prove the other driver was texting? You work with the experienced Conway car accident lawyers at Kinon Law Firm to reconstruct the accident and demand critical digital evidence.

Discuss the evidence required to prove the negligent driver violated South Carolina’s hands-free driving law with our experienced Horry County personal injury team for free by calling (843) 488-9191 or connecting with us online.

Dangers of Sending Texts While Driving

Many drivers use their cell phones while operating their vehicles. This often includes taking calls over Bluetooth or using the phone’s built-in GPS. Texting while driving is different. Unlike these mostly hands-free behaviors, texting takes your hands, mind, and eyes off the road. The National Highway Traffic Safety Administration (NHTSA) reports that sending a five-second text message on roads such as U.S. 501 is the equivalent of driving the length of a football field with your eyes closed.

Gathering Evidence of Texting After Conway Car Crashes

Recovering personal injury damages –such as compensation for medical bills, lost wages, and pain and suffering– after motor vehicle accidents requires the injured party to prove the other driver violated South Carolina’s safe driving laws. Dedicated car crash attorneys do this by gathering both direct and circumstantial evidence that the other driver was texting. This evidence most often includes the following:

• Cell phone records
• Social media posts
• Police report
• Witness statements
• Dash cam and traffic camera footage
• Blackbox vehicle data
• Photographs

Most drivers deny texting, posting, or sending emails; however, experienced car accident attorneys might legally demand their cell phone and social media records. Comparing the timing of certain texts, emails, or posts with witness testimony and video footage from the crash is often enough to prove the driver was texting when the accident occurred.

Understanding South Carolina’s New Hands-Free Cell Phone Laws

South Carolina’s anti-texting law took effect on September 1, 2025. This new hands-free and distracted driving law prohibits drivers from holding their cell phones, watching videos, reading, writing, or sending texts while driving. It also makes it illegal to physically interact with apps, websites, or send emails while operating the vehicle. Texting while driving is not only a ticketable offense, but it can also prove the other driver was ‘negligent per se’ during personal injury litigation. This means experienced car accident attorneys might demand financial damages from the negligent driver’s insurance company upon showing the driver violated S.C. Code § 56-5-3890.

Dedicated Car Crash Injury Attorneys in Conway, S.C.

At Kinon Law Firm, our experienced personal injury lawyers have studied the new hands-free driving law and can prove that the other driver was texting when the accident occurred. It’s not uncommon for the driver’s attorney to refuse to provide access to cell phone or social media records, but our Conway litigators might enforce your right to demand this evidence in court. Discuss car accidents resulting from driver distraction with our Horry County texting while driving team today by calling (843) 488-9191 or contacting us online for free.