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As many as 1.6 million car accidents per year are caused by cell phone use while driving, and 390,000 of those collisions are specifically caused by texting and driving according to the National Safety Council. The law does not tolerate this behavior, especially when it leads to injury or even death.
If you were injured by a texting driver, you should consult with a knowledgeable car accident attorney from the Schiller & Hamilton Law Firm about your rights and legal options. A skilled Rock Hill texting while driving car accident lawyer would be available to discuss the circumstances of your case to determine the best legal strategy on your behalf.
State Laws on Texting While Driving
South Carolina Code §56-5-3890 makes it illegal to use a cellular device while operating a motor vehicle. This statute specifically prohibits composing, sending, or reading text messages and extends to SMS, instant, and electronic mail correspondences.
A motor vehicle operator who texts while driving and subsequently causes an accident could face criminal charges in addition to civil penalties brought by an injured victim. A criminally convicted driver could face jail time, fines, and community service, and a successful civil suit may require them to pay damages to an injured plaintiff to compensate for their losses.
Determining a Driver’s Negligence
While criminal charges are based on breaking criminal code, civil charges are founded on negligence. Licensed drivers owe a duty of care to protect other motor vehicle operators, bicyclists, motorcyclists, and pedestrians from foreseeable harm.
A driver who violates this duty could be found negligent in a civil claim for compensation. Negligence which causes injuries or property damage could form the basis of a successful personal injury suit.
In order to collect a compensatory award, an injured claimant and their legal representation must establish that a driver owed a legal duty of care, violated it, and subsequently caused otherwise avoidable injuries. A seasoned Rock Hill texting while driving car accident attorney could help hold a negligent driver accountable for the damages caused by their breach of care.
Damages Available After a Texting While Driving Car Wreck
Those who are injured in texting while driving car accidents could face many types of losses. Damages represent the losses that a plaintiff is seeking financial recovery for, although the value thereof may be difficult to determine without qualified legal guidance from a Rock Hill lawyer who focuses on texting while driving car accidents.
Economic damages may be awarded to cover medical bills, lost wages, rehabilitation and therapy costs, and property damage. Additionally, an injured claimant may recover non-economic damages for intangible effects such as loss of enjoyment of life, pain and suffering, scarring or disfigurement, and loss of consortium. A dedicated texting while driving car accident lawyer in Rock Hill could discuss your losses to determine an appropriate legal strategy to obtain maximum compensation.
Retain a Rock Hill Texting While Driving Car Accident Attorney Today
If you have been involved in a car wreck due to another driver’s unlawful cellphone use, being informed about your rights is the first step to recovering your losses. Retain an experienced Rock Hill texting while driving car accident lawyer to have your legal rights and options protected and supported. You may be entitled to compensation for your economic and non-economic damages caused by a negligent driver, so call today to get your case started.