Your dashcam recorded the other driver running the red light. Your phone's GPS shows exactly where you were when the crash happened. The other driver posted photos at a bar an hour before the collision. Technology now creates electronic records that reconstruct vehicle accidents with precision that witness testimony cannot match.
South Carolina courts increasingly recognize digital evidence as powerful proof in personal injury cases. A skilled Anderson car accident lawyer can identify, preserve, and present digital evidence that strengthens your claim and boosts your settlement value.
What Types of Digital Evidence Matter Most?
Digital evidence in car accident cases includes any information stored or transmitted electronically that relates to your crash. The most valuable evidence often comes from sources you use every day.
Video Footage Captures What Witnesses Miss
Dashcam recordings, surveillance cameras from businesses, and doorbell cameras from nearby homes provide objective visual records that don't fade or change over time. In many cases, dashcam footage can dramatically increase an insurance company's settlement offer by eliminating disputes about fault.
GPS and Location Data Prove Where You Were
Your smartphone, vehicle's navigation system, and various apps constantly track your location. This data can verify your route and timing and, together with other evidence, can help show that you were driving safely while the other driver was speeding. Unlike surveillance footage, GPS data and phone records remain stored by service providers for extended periods and can be obtained through proper legal channels.
Social Media Posts Reveal Contradictions
Posts from the at-fault driver can undermine their version of events. A driver who claims sun glare caused them to run a stop sign loses credibility when their social media shows them posting selfies while driving that morning. Someone who denies drinking before an accident faces challenges when their Instagram story shows them at a bar shortly before the crash.
Your own social media requires careful management during an active claim. A post showing you hiking might seem innocent, but insurance adjusters will use it to argue your back injury isn't severe. Once you reasonably anticipate filing a claim, you should not delete or "clean up" your posts, texts, or digital data. Intentionally deleting evidence after that point can lead to court sanctions or adverse inferences against you at trial.
Phone Records Document Distracted Driving
Cell phone records can establish that the other driver was using their phone at the time of the crash. South Carolina law prohibits texting while driving under S.C. Code Ann. § 56-5-3890. While South Carolina courts have not explicitly held that texting violations automatically establish negligence per se, phone records showing texting at the moment of impact strongly support a negligence claim. Your attorney can subpoena phone records from service providers.
Vehicle Data Recorders Document the Crash
Many modern passenger vehicles, particularly those manufactured in 2012 and later, contain event data recorders (EDRs) that capture information about vehicle operation in the seconds before and after a crash. This data may include speed, brake application, steering angle, and seatbelt use. Older models may not have them or may record less information.
Commercial trucks typically use Electronic Logging Devices (ELDs) and telematics systems that track driver behavior over longer periods. FMCSA regulations require carriers to retain ELD records and supporting documents for at least six months. After that, data may be overwritten or discarded in the ordinary course of business, so timely preservation requests are still critical.
How Do South Carolina Courts Handle Digital Evidence?
South Carolina courts accept digital evidence under Rule 901 of the South Carolina Rules of Evidence, which requires authentication. For digital evidence, this means establishing that the data is genuine and hasn't been altered.
Authentication and Chain of Custody
Courts require testimony from someone with knowledge that the digital evidence is what you claim it is. Maintaining the integrity of metadata, the hidden information about when and how a file was created, becomes critical for authentication.
Privacy and Admissibility Factors
Courts may exclude digital evidence if it was obtained illegally, violates privacy protections, or is improperly authenticated. Social media posts set to "private" may face additional scrutiny regarding how they were accessed. Proper legal procedures protect the admissibility of digital evidence while respecting constitutional rights.
How Can You Preserve Digital Evidence After an Accident?
Different types of digital evidence have vastly different preservation timelines. Surveillance footage and doorbell camera recordings disappear within weeks or months, while phone records and GPS data remain accessible for longer periods through proper legal channels.
Take Immediate Documentation Steps
Right after the auto accident, use your phone to document everything:
- Take photos of vehicle damage, skid marks, traffic controls, weather conditions, and the overall scene. Video provides context by showing the full environment.
- Take screenshots immediately if you notice social media posts or text messages related to the accident. The other party might delete these later. Do not delete your own posts or messages once you anticipate filing a claim.
- Record witness contact information digitally. Enter witness names and phone numbers directly into your phone. Take photos of their driver's licenses if they're willing.
- Use weather apps to capture conditions at the time of the crash. These apps often preserve historical data, but capturing it immediately provides the clearest record.
Request Preservation of Third-Party Evidence
Your South Carolina personal injury attorney can send spoliation letters to businesses, government entities, and individuals controlling relevant evidence. This applies primarily to time-sensitive evidence like surveillance footage that might otherwise be deleted.
Court-issued subpoenas compel third parties to produce digital evidence like phone records or vehicle data. Your attorney can subpoena information from phone carriers or app developers that would not be released to private citizens.
Why Does Digital Evidence Change Settlement Values?
Digital evidence removes ambiguity from disputed facts, which fundamentally changes how insurance companies evaluate claims. South Carolina follows a modified comparative negligence rule, which bars recovery if you are more than 50% at fault and reduces your compensation by your percentage of fault. Digital evidence that clearly establishes the other driver's fault directly impacts your ability to recover and the amount you receive.
In a case with disputed liability, an insurance company might initially offer $10,000 assuming shared fault. However, if dashcam footage clearly shows the other driver caused the accident, the settlement offer for the same injuries could increase substantially because the liability dispute has been eliminated. GPS and other data proving your safe driving behavior defeats comparative negligence arguments that might otherwise reduce your compensation.
The combination of clarity, objectivity, and jury appeal makes digital evidence one of the most valuable assets in South Carolina car accident cases. Video footage and electronic records feel more reliable than conflicting witness testimony. Insurance companies recognize this reality, and settlement values reflect it. Cases supported by strong digital evidence consistently settle for higher amounts than similar cases relying solely on witness testimony.