Nearly every driver knows that using a phone while behind the wheel is incredibly dangerous for themselves and everyone around them. That is especially so when someone is driving a large commercial truck.
These heavy vehicles, operating with many thousands of pounds of weight even when unloaded, can cause devastation and destruction when they hit a smaller automobile. Yet countless truckers collide because they are distracted by their phones while driving, even though the legal consequences include fines, license suspension, and firing.
If you or a relative has been hurt because a truck driver was texting while driving, you should seek legal help. The ensuing damage can be catastrophic. Whetstone Perkins & Fulda has the resources and know-how to argue for the compensation you deserve. Do not hesitate to contact our dedicated tractor-trailer collision attorneys who handle texting while driving truck accident cases in Walterboro to help you navigate the legal system.
Understanding Texting and Driving Laws
Texting while driving is prohibited for all drivers in South Carolina. This includes sending, reading, or composing text messages or emails. Law enforcement officers can issue tickets for texting while driving as a primary offense; in other words, they do not need another reason to stop a vehicle.
South Carolina’s state law for commercial truck drivers is supplemented by federal regulations under the Federal Motor Carrier Safety Administration (FMCSA), which imposes even stricter standards. Under this law, truckers cannot use their phone to text, access websites, or manually dial, but they can use voice-activated or hands-free systems if the phone is mounted and can be operated with a single button.
Violating federal bans can result in significant fines for drivers and for employers who allow or require drivers to engage in prohibited behaviors. Violations may also disqualify drivers from operating commercial trucks.
While federal and state regulations impose fines when truckers violate texting while driving laws, hiring a Walterboro lawyer to hold the at-fault party responsible in civil court to pay for your losses after a collision is vital.
Factors Influencing Compensation in Texting While Trucking Crash Suits
South Carolina follows a modified comparative negligence model. This means that a plaintiff can recover damages if they are no more than 50% at fault for the crash. At-fault parties commonly allege that the plaintiff failed to take proper care for their own safety so as to reduce the amount they must pay or to get the case dismissed entirely. As a result, hiring a lawyer who knows the local negligence laws to handle your lawsuit is essential.
Insurance companies will also use the local negligence model to their advantage. Their main goal is to save their own money and resources. They will try their best to get some admission from the plaintiff to negate their compensation claim. A lawyer can help you avoid these traps laid by the insurance company and negotiate for a higher settlement than the insurance company initially suggests. Allow a Walterboro lawyer to handle your claim against trucking companies after a crash due to texting.
Proving a Truck Accident Case
When you hire Whetstone Perkins & Fulda to take on your case, we can use our knowledge and experience to investigate, collect evidence, navigate with insurance companies, or litigate the case to trial in court. Some examples of key evidence include the following:
- Photos of the accident scene
- Eyewitness testimonies
- Medical bills
- Texting records
- Expert witnesses and accident reconstructions
- Police reports
Keeping organized files of medical reports after a crash is important because these records can help prove the connection between the collision and your injuries. Our Walterboro lawyers can gather the proper evidence to pursue fair compensation after a trucking accident due to texting.
Call an Attorney After a Texting and Driving Truck Accident in Walterboro
At Whetstone Perkins & Fulda, we investigate all the facts in our clients’ cases to pursue the best possible outcome. If you do not act quickly after a texting while driving truck accident in Walterboro, you risk losing valuable evidence and securing the compensation you deserve.
Reach out to our office for help today. A seasoned personal injury attorney could review your case and help obtain adequate damages for your losses.
