Is It Okay to Live Stream and Drive? 

Earlier this year, a live streamer who goes by “Vegan Patriot” got a flurry of attention after she hit a pedestrian while live streaming behind the wheel. The video seems to have been removed, but based on her follow-up it seems like she got lucky. She reported that the pedestrian wasn’t seriously hurt and that police responding to the call didn’t issue her a ticket. She also stressed that she hadn’t done anything wrong and “wasn’t even looking at the chats!” She attributed the accident to the sun being in her eyes. 

Though this incident appears to have ended without serious consequences for the pedestrian or the driver, it raises a larger question about the safety of live streaming while driving and the potential liability for a driver who is involved in an accident while streaming. 

South Carolina Distracted Driving Law

South Carolina distracted driving law can be confusing on the question of live streaming while driving. That’s because what South Carolina has is really a texting and driving law. §56-5-3890 of the South Carolina Code of Laws restricts the use of hand-held devices on South Carolina roads. Too often, drivers mistakenly believe that means other activities on the road are acceptable. 

Distracted driving takes many forms, including: 

• Turning to the back seat to interact with children
• Looking away from the road to read billboards or look at an accident in another lane
• Eating or drinking
• Programming your GPS
• Lighting a cigarette
• Bending or reaching for something on the floor or elsewhere in the car
• Looking at an old-fashioned map or written directions
• Putting on make-up

Even this is a very abbreviated list. Anything that takes your attention away from the road and the traffic around you is a distraction and can be dangerous. While there may not be a specific statute that says “Don’t fix your hair in the rearview mirror while you’re driving,” you are responsible for paying close attention on the road and behaving in a way that is safe for other drivers, bicyclists, pedestrians and others in your vicinity. When you don’t live up to that responsibility and an accident happens, you’ll typically be found negligent. A driver whose negligence caused or significantly contributed to a crash is generally responsible for compensating anyone who was hurt or whose property was damaged by the accident. 

So, Is Hands-Free Live Streaming Okay? 

The South Carolina law regarding use of mobile devices is focused on text-based communications, and makes exceptions for some hands-free activities. But, no one would interpret that to mean that it was safe and acceptable to watch a movie on your phone as long as the phone was mounted on the dash rather than in your hand. So, where does live streaming fall on that spectrum? 

Thus far, there’s no clear-cut standard specific to live streaming. But, the general principles of avoiding distraction while driving provide some guidance. For example, if you’re looking at your phone in order to face the camera while driving and streaming, you’re not giving your full attention to the task at hand. In other words, you’re distracted, and would very likely be found negligent if an accident happened. Similarly, reading chat responses from your viewers in traffic is a dangerous distraction, and would likely result in at least partial liability for any accident you were involved in. 

Would the simple fact that you were live streaming at the time of the accident lead to a finding of negligence, and therefore liability? That depends on the specific facts in your case and, to an extent, the jury who decides the case. A good question to ask yourself if you’re considering whether live streaming and driving is safe and legal is “Am I giving every bit as much attention to the task of safe driving while streaming as I would be if I were just driving?” If the answer is no, it’s probably not safe to stream. And if you’re honest, the answer will likely be no.

Injured by Someone Who Was Live Streaming at the Wheel? 

If you were involved in a collision with someone who was live streaming or you were hit by a car while walking or biking and have reason to believe the driver was distracted, your next step should be to talk to an experienced Charleston car accident lawyer. Attorney Frank Hartman offers free consultations to make sure injured people understand their rights and options before they make any decisions. To schedule yours, call 843-300-7600 right now, or fill out our contact form.