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Though texting while driving is illegal, many motorists on the road are distracted by their phones. This type of careless behavior makes roadways less safe and often results in severe or fatal accidents.
If you were involved in a texting while driving car accident in Lancaster, you may suffer life-changing injuries. By consulting our experienced vehicle collision lawyers at Schiller & Hamilton, you could start the process of holding distracted drivers responsible for their actions.
The Dangers of Texting and Driving
Using a phone while driving diverts a driver’s attention more than any other distraction. Drivers take their eyes off the road when reading or composing text messages. Texting while driving also involves taking a hand off the steering wheel.
While reading a text, a driver could travel the equivalent of an entire football field. In that time, there is a much greater risk of the motorist getting into an accident. Texting while driving is illegal under South Carolina Code of Laws § 56-5-3890. Lawmakers established this statute to reduce the number of texting-related collisions.
Those who violate this law may be ordered to pay nominal fines. Anyone injured in an accident related to texting and driving may hold the negligent driver accountable by filing a car accident claim.
Collecting Evidence After a Texting-Related Accident in Lancaster
Individuals who have been injured in a texting while driving accident have the right to hold the distracted driver liable for their reckless behavior. Establishing liability requires gathering evidence of the other party’s negligence.
A traffic violation for using a cell phone use while driving could strengthen a personal injury claim, but it is not necessary. Plaintiffs may gather other pieces of evidence, such as:
- Phone records
- Social media
- Witness statements
- Police reports
- Car crash forensics
- Expert testimony
Other data may also show the defendant’s activity on those platforms at the time of the crash. The evidence may show a lack of skid marks on the road which indicates that the driver failed to brake or slow down before impact. This behavior often signals distracted driving.
A driver’s failure to stop at traffic signals or maintain their lane may also suggest a lack of attention to the road. A local attorneys trained in handling texting while driving car accident cases could help victims gather the proof necessary to support damages claims that fairly account for their current and future needs.
Compensation for Injuries in Distracted Driving Crashes
When a person suffers severe injuries in an auto wreck, it can be difficult for them to return to the place they were before the crash. If another driver was at fault, the injured party may seek both economic and non-economic damages, as defined in S.C. Code § 15-32-210(3) & (9). These compensatory damages attempt to make the claimant whole again after an accident.
Economic damages account for measurable costs and expenses such as medical care, therapy sessions, and lost wages. Non-economic damages encompass all other harm that is harder to calculate monetarily but just as worthy of reimbursement. Non-economic damages may include emotional distress, pain and suffering, disfigurement, and loss of companionship.
Comparative Fault Laws
If an injured party partially contributed to the accident, the court may reduce the amount of compensation they receive. According to S.C. Code § 15-1-300, plaintiffs may recover damages as long as their percentage of the blame is less than 51%. A seasoned attorney in Lancaster who frequently handles texting-related crashes could help accident victims establish their claims and avoid unnecessary compensation reductions.
Contact a Lancaster Texting While Driving Accident Attorney Today
Dealing with any car accident can be an exhausting experience, especially if you know the crash was preventable. If you were injured in a texting while driving car accident, you have a right to hold the distracted driver responsible for the harm they caused. Our team is ready to help you seek restitution. Contact Schiller & Hamilton today to schedule a consultation and take the first step in your case.