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All drivers in the must take care not to unduly endanger others while behind the wheel. This includes obeying the rules of the road that exist for the safety of truckers and all of the people around them. A prominent example of this dynamic is the prohibition on texting while driving. Any driver who violated this law may need to pay a fine. In addition, they are likely to blame for any resulting collision.
An 18-wheeler crash attorney could help to pursue fair compensation on your behalf after a texting and driving truck accident in Lancaster. Schiller & Hamilton lawyers work towards obtaining evidence and strive to parlay that evidence into powerful claims for appropriate compensation.
Liability in a Texting while Driving Wreck
Texting while operating a vehicle is not only reckless, but it is against the law. South Carolina Code § 56-3-3890 declares that it is illegal for any driver of any type of motor vehicle to use a cell phone to send, receive, type, or read a text message. If a semi operator uses their cell phone while driving and causes a collision, the people who were injured because of the trucker’s actions could file for compensation following a collision with a commercial rig.
This is because of the concept of law called negligence per se. Negligence per se means that a civil court hearing a claim can presume a defendant liable for the accident if another court has already determined fault for that same incident. If an 18-wheeler driver admits in a Lancaster traffic court to being one their cell phone while driving, or that court finds the driver responsible for that act, the law has already determined that act to have occurred. A demand for compensation in these situations only needs to demonstrate how the defendant’s actions impacted the injured party’s life.
Compensation in Lancaster Trucking Crashes Caused by Cell Phones
Truckers who cause accidents in Lancaster due to texting while driving are personally responsible for all damages that they cause. This may include paying for the injured person’s:
- Medical bills
- Rehabilitative costs
- Property damage
- Lost wages
- Lost quality of life
- Pain and suffering
- Funeral costs if wrongful death occurs
Local law requires all semi drivers to maintain an insurance policy. This policy works to shield the driver from paying part or all compensation to the plaintiff. If the insurance policy does not cover all of the damages, the trucker may still be personally liable for the remainder of them.
Finally, the employing company may be jointly and severally liable for the incident. If the rig operator was an employee of the company and on the clock at the time of the collision, state law says that the employer is vicariously liable for the action of their workers. A Schiller & Hamilton lawyer could help to demand fair compensation from every liable defendant for the extent of a person’s losses.
Contact an Attorney about Texting and Driving Truck Accidents in Lancaster
State law strictly prohibits the use of cell phones to read, compose, or send text messages while behind the wheel of a vehicle. For trailer drivers, the inherent danger in this concept is multiplied considering the mass of their vehicles. These crashes can leave you with significant losses for which the driver, their insurance company, and their employer may be liable.
An attorney could help you to collect fair compensation following a texting and driving truck crash in Lancaster. They work to take care of the details while you focus on your recovery. Call our office now to get started.