Texting While Driving Car Accidents in Charleston County

Distractions while driving can instantly increase the risk of an accident. To attempt to curb distractions, South Carolina has zero tolerance for acts that put one’s life or the lives of others at risk, including texting while behind the wheel. Therefore, you may be entitled to compensation if you were involved in an automobile crash where there is probable cause to think the other party was distracted by their phone.

We want to see you get the compensation you deserve. Learn about the dangers of texting while driving. To learn more about filing injury claims after texting while driving car accidents in Charleston County, speak with our auto crash attorneys today.

What Happens If People Are Involved in Texting and Driving Accidents?

Legal consequences are likely for anyone caught texting and driving, as this action is prohibited throughout South Carolina. South Carolina Code § 56-5-3890 defines mobile electronic devices as a “cellular telephone, portable computer, GPS receiver, electronic game, or any substantially similar stand-alone electronic device used to communicate, display, or record digital content.” Drivers are also prohibited from:

• Watching motion videos, movies, games, or video calls
• Reading, composing, or transmitting a text message or similar activity
• Supporting a mobile device physically (excluding hands-free earpieces or wrist-worn devices)

If a driver involved in a texting while driving car wreck in Charleston County did any of these things while behind the wheel, they may automatically be held liable for causing the incident unless they were:

• Lawfully parked
• Using hands-free navigation
• Reporting an accident or safety hazard
• A first responder performing official duty
• Using voice-based communication that is not held or supported by them

There are other exceptions, but in general, if the person is touching their phone at the time of the crash, they are likely to be considered at fault. This may allow you to seek compensation for your injuries, provided you can show proof that you were not at fault.

South Carolina Code § 15-38-15 states that a person with 51 percent or more liability for a personal injury may be barred from receiving compensation from the other party. This is because South Carolina is a modified comparative negligence state, which means that for accidents or personal injury, you must be able to show that they were more at fault than you.

How To Prove the At-Fault Driver Was Using a Mobile Device

Obtaining proof that the at-fault driver was using their mobile device may not be easy unless you have a legal team backing you. Our Charleston County legal team could subpoena phone records or consult a car accident reconstruction expert to support your texting while driving auto crash claim.

Some evidence that may establish your claim includes:

• Photos of the scene, especially if skid marks are not visible
• Police reports to see if there is an admission of guilt by the other driver
• Names and contact information from witnesses, including a description of what they saw
• Video camera recordings from the scene may also show what the driver was doing or the moments leading up to the accident

Video camera recordings may also be easier to obtain if you have a legal team that requests that information on your behalf.

Hire a Charleston County Lawyer After a Texting While Driving Car Crash

If you or a loved one was injured in an accident involving someone who was texting while driving, we want to help you seek compensation to cover the medical costs and your pain and suffering. We have years of experience backing us, and we try to put it to good use for those who call on us.

Contact us to request a free case evaluation regarding texting while driving car accidents in Charleston County.