Around 64 percent of all traffic accidents in South Carolina happen due to cell phone use. Every driver knows that phones are distracting and that motorists are at greater risk of getting into a car accident when they use one while operating a vehicle. Despite this common knowledge, countless drivers get in wrecks because of being distracted by their phones while they are behind the wheel. As a result, there are legal consequences for texting and driving across the United States.
Texting while driving takes the attention of a person’s visual, cognitive, and manual senses. It can lead to serious injuries as well as fatalities. When you or a loved one sustains harm from a texting while driving car accident in Walterboro, you may be able to seek legal help. Do not hesitate to contact Whetstone Perkins & Fulda to learn more about your options.
Local Driving Laws Regarding Texting While Driving
The most common distraction causing car accidents across the country is the usage of mobile devices. In response, South Carolina has codified the penalties for using a cell phone while driving. It is illegal to use an electronic communication device–including a cell phone and similar electronic devices–to write, send, or read a text-based communication while driving on a public street or highway.
There are penalties for using a phone while driving in South Carolina, but they are fairly weak. There is a fine of up to $25 for violating the state’s distracted driving law, which is a “primary offense.” That means if a police officer has a “clear and obstructed view” of the violation, they can pull a motorist over. A police officer cannot seize or search someone’s phone, however.
Ultimately, the violation does not get reported to a driver’s insurance company. If you want to hold the other driver accountable for their actions when they were texting behind the wheel and cause an accident it is best to hire a Walterboro lawyer to help you do so.
Damages in Your Texting While Driving Case
After experiencing a car accident, you may be facing a significant amount of medical bills. You can seek to have the at-fault party pay for any losses that you sustained due to their conduct by seeking damages – another term for compensation – in a personal injury claim.
Damages in a civil suit can be economic or non-economic. Economic damages are actual financial losses that an injured person sustains due to the accident and can include future and current medical bills, the cost of property damage, and lost wages.
Non-economic damages are subjective losses that do not necessarily have a receipt. Some examples of non-economic damages include pain and suffering, mental and emotional distress, reduced quality of life, and a loss of enjoyment of life. It is best to hire an attorney in Walterboro who has experience with seeking damages for crashes caused by texting while driving to ensure any settlement amounts consider the full extent of losses.
Evidence for Texting While Driving Accidents
Evidence is essential in proving the other party’s fault. If you are feeling well enough after an accident happens, you should start to collect evidence for your claim. This could include taking photos of the scene, where the driver’s vehicle hit your car, any speed signs, or anything else that could be utilized in a court hearing or in settlement discussions. It is also helpful to get the names and contact information of any witnesses so that they can testify about what they saw. Further, police reports and complete medical records are also important pieces of evidence. This makes seeking prompt medical care crucial even if you do not feel like you are injured at the time of the wreck. In some instances, an attorney could utilize their resources to attain video surveillance as well as request cellphone records that would indicate whether a person was texting at the time of the Walterboro crash.
Hire a Walterboro Texting While Driving Car Accident Attorney From Our Firm
After experiencing a texting while driving car accident in Walterboro, knowing what to do may be unclear. Navigating medical bills, property damage, and other losses can be overwhelming on your own. You deserve to have a legal team on your side whose goal is to obtain the best compensation for you. You should learn about all of your legal options before moving forward. Consult with Whetstone Perkins & Fulda today for help.
