Orangeburg Texting and Driving Accident Lawyer
There is no shortage of possible distractions in a car, but the most tempting by far is the cell phone. At any given moment across America, around 660,000 drivers are using a cell phone in some way, according to the U.S. Department of Transportation. Texting while driving is the most common form of distracted driving, leading to thousands of car accidents every year.
In South Carolina, drivers who text or read a text behind the wheel may be held legally responsible for any accidents and injuries that they cause. Accident victims can file a lawsuit seeking compensation for their medical expenses, lost wages, pain and suffering, and more.
Were you or a family member harmed in a crash caused by a texting driver? An Orangeburg distracted driving lawyer at Wilson Law Group, LLC, can help you fight for the compensation you deserve. We will handle your case with compassion and care while fighting for maximum results that take all of your losses into account.
Call or contact us today for a free consultation.
The Dangers of Texting and Driving
Many people fail to appreciate the dangers caused by texting and driving. Studies have shown that texting and driving is equally as dangerous as driving while intoxicated. In fact, distracted driving has also surpassed driving under the influence as the leading cause of fatalities among teenage drivers.
Texting while driving increases the risk of accidents for several reasons. Texting impairs a driver’s attention on multiple levels.
Texting is a:
- Cognitive distraction: A driver’s thoughts are focused on the texts they have received and the responses they want to send instead of the road.
- Manual distraction: Drivers must take their hands off the steering wheel to use their cell phone, giving them less control of their vehicle.
- Visual distraction: An individual who takes his or her eyes off the road to read a text can miss potential dangers in the road ahead.
Texting and driving can lead to all different kinds of motor vehicle accidents in South Carolina.Some of the most common crashes caused by texting and driving include:
- Single-vehicle wrecks: Drivers who are texting may fail to notice an object in the road or that they are veering off course as they look down to type.
- Rear-end collisions: When a distracted driver doesn’t notice that traffic in front of them has slowed down or stopped, he or she may crash into the car ahead.
- Sideswipes: A driver may not be aware of the slow drift of the steering wheel when they are texting, which can lead to a sideswipe accident when they collide with a vehicle in an adjacent lane.
- Head-on collisions: The deadliest type of wreck, a head-on crash can happen with a distracted driver crosses the median of an undivided road and collides with oncoming traffic.
- Rollover accidents: When a distracted driver returns their attention to the road just in time to notice a hazard but accidentally overcorrects, the vehicle can tip over in a rollover wreck.
Injuries Caused by Texting and Driving
Distracted driving accidents can lead to serious injuries, which can range from relatively minor to life-threatening. These include:
- Broken bones
- Soft-tissue injuries, especially torn tendons, ligaments, and muscles
- Organ damage and internal bleeding
- Neck and back injuries
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Emotional trauma, including post-traumatic stress disorder (PTSD), depression, and anxiety
Texting while driving is illegal in South Carolina. If you were hit by a texting driver, you need an experienced Orangeburg car accident lawyer like the ones at Wilson Law Group, LLC, who know the value of your case and will fight for the compensation you’re owed.
Disturbing Statistics on Texting While Driving
Crash data from the South Carolina Department of Insurance, S.C. Department of Public Safety, and the National Highway Traffic Safety Administration (NHTSA) paint a disturbing picture of the state of distracted driving in America. Consider these facts:
- A driver takes his or her eyes off the road for an average of five seconds at a time when texting and driving. At a speed of 55 miles per hour, the driver’s vehicle will cover a distance the length of a football field.
- It’s estimated that 62 of the 1,015 fatalities in motor vehicle accidents on the roads of South Carolina in a recent year were caused by distracted driving.
- Nationally, 64 percent of all car accidents involve one or more drivers in the accident using a cell phone in the moments leading up to the crash.
Keep in mind that distracted driving statistics tend to go underreported. As a National Safety Council representative said in a Forbes article, “Unfortunately, no breathalyzer-like test exists for cell phone use behind the wheel and drivers in crashes are often reluctant to admit use.” While that fact can make a distracted driving case more complex, it does not make it impossible to prove.
South Carolina Hands-Free Law
South Carolina has banned texting while driving. This ban applies to instant messaging, posting on social media, or writing emails by the wheel and is punishable by fines.
However, the law still allows drivers to carry a cell phone in their hands for other purposes, such as using the phone for navigation or making a phone. Critics of the law argue that enforcement of the current law is made more difficult because drivers who are pulled over can claim that they were using the phone for legal activities, not texting.
While this loophole can make proving texting while driving caused your crash a challenge, a skilled car accident lawyer from Wilson Law Group, LLC, will be able to uncover evidence to show that texting was occurring at the time of the wreck. This could come in the form of the driver’s own admission at the accident scene, witness statements, or timestamps on messages that occurred at or near the same time of the crash.
Texting and Driving Claims in South Carolina
A successful texting and driving claim in South Carolina can provide compensation for damages such as:
Past and future medical expenses, including hospital bills, surgeries, doctor’s appointments, prescriptions, rehabilitation, medical equipment, or long-term care assistance
- Lost wages
- Lost earning capacity, if your injuries prevent you from returning to your old job and you suffer a reduction in your income as a result
- Pain and suffering
- Lost quality of life
- Permanent disability
- Property damage, including repair or replacement costs for your vehicle
In addition, you may also be entitled to seek punitive damages from a driver who was texting while driving if the driver’s actions are determined to be so reckless as to warrant additional punishment. However, these types of damages are rarely awarded.
Settling a Distracted Driving Claim
When you’re recovering from injuries caused by a distracted driver, our law firm understands how critical it is that you secure fair compensation. At Wilson Law Group, LLC, we work diligently to secure a settlement in your distracted driving case as soon as possible so that you can focus on healing.
A settlement is an amount of money that is agreed upon between you and the insurance company to resolve a claim. In exchange for the sum, you agree not to file a lawsuit against the at-fault driver.
Be aware that insurance companies are not likely to offer you a fair settlement during early negotiations. That’s why it’s important to have a knowledgeable car accident lawyer by your side. Your attorney will know how to place a value on your claim that accounts for all of your losses. A lawyer can also investigate whether other parties may be held liable for your injuries.
Demanding Maximum Compensation When You Need It Most
Texting and driving is not only illegal in South Carolina — it’s irresponsible. When you hire the Wilson Law Group, LLC, to represent you in your legal claim, we work efficiently to answer your questions and pursue a claim that addresses both your long-term needs and goals.
Our Orangeburg distracted driving attorneys have the knowledge, skills, and resources needed to build a strong and effective legal claim. We know how to develop a persuasive case to counter challenges from the insurance company and defense firms, and we won’t back down when they try to minimize your claim for compensation.
Worried about how you are going to pay for a lawyer? Don’t be. Our law firm represents clients on a contingency fee basis. That means that you only pay us if we obtain compensation for you.
There are two benefits of a contingency fee arrangement. First, you don’t need to worry about upfront costs when you’re already trying to make ends meet. Second, you can be confident that our attorneys think that your claim has merit. We would never invest in a case that we didn’t believe in.
If you or a loved one have been injured in crash caused by a texting driver, contact us today to schedule a free, no-obligation consultation.