Smartphones have become ubiquitous, with many drivers using them for directions and music while behind the wheel. Unfortunately, this prevalence has also led to an increase in accidents caused by texting while driving. These incidents often result in a range of injuries, from minor bruises to more severe consequences such as whiplash, spinal cord injuries, fractures, and burns.
If you’ve been involved in a texting while driving car accident in Marion, seeking advice from an experienced attorney is crucial. A dedicated auto accident attorney could assist with gathering necessary documentation, dealing with insurance companies, and representing your case in court, including potential appeals.
South Carolina Law on Texting While Driving
As per section 56-5-3890 of the South Carolina Code of Laws, it is illegal for a driver to use a wireless communications device – including smartphones as well as laptops and PDAs – to read, write, or send a text message while driving. The fine for a first offense is $25, with subsequent offenses leading to more serious penalties.
If a Marion driver happens to be texting while driving and hits another car, they can be held financially liable for the accident under South Carolina law. A tenacious lawyer can advise on what to do in the wake of an accident and how to get a case started.
Comparative Negligence and Texting Drivers
South Carolina is a comparative negligence state. What this means is that courts can assign a percentage of fault to an injured plaintiff for contributing to their own injuries. Available compensation is then reduced by this percentage of fault. If a driver is found more than 50 percent responsible for the accident, they are not eligible to recover at all.
Opposing counsel will attempt to reduce or negate their client’s liability under this law by arguing that the plaintiff was partially or fully at fault for the accident. They may even argue both drivers were using their cellphones at the time of the crash. When this happens, an experienced Marion texting while driving car accident attorney can help rebut their arguments and argue for the maximum damages allowed under the law.
Statute of Limitations for Potential Lawsuits
The statute of limitations for personal injury cases is three years. This means that an accident survivor in Marion has three years from the date of the accident to file a case against the texting driver. This is a decent amount of time, but considering all that needs to be done–seeking medical attention, investigating the accident, assembling a case, negotiating with insurers, and filing a lawsuit–getting the assistance of a legal professional is essential.
South Carolina has some exceptions to this deadline for victims under 18 and those whose injuries only become apparent after the standard time for a lawsuit has passed. Contact a Marion attorney with experience handling texting while driving auto accident claims for more information about procedural requirements.
Call a Marion Texting While Driving Car Accident Attorney
Facing insurers and defense attorneys alone poses numerous challenges, including low settlement offers and counterclaims. After texting while driving car accidents in Marion, seeking the assistance of an attorney is imperative to protecting your rights.
Whether you seek payments for car damage, medical bills, lost wages, or pain and suffering, contacting our legal team is the vital first step toward seeking fair compensation.