Texting and driving is a well-known taboo that leads to car crashes on a regular basis. While such accidents may leave a great deal of financial and health-related burdens on the injured party and their loved ones, help may be available in the form of a personal injury attorney. A Charleston texting while driving accident lawyer could help individuals pursue legal action against those responsible for their damages. Reach out to let a skilled attorney build your injury claim and champion your case.
Cell Phone Use and Contributory Negligence
A plaintiff’s cellphone usage during the crash may greatly impact their injury claim. This could occur if they failed to yield the right of way and pulled out in front of the other car. Contributory negligence occurs when the plaintiff’s actions contributed to the accident. In such a case, the plaintiff’s damages could be reduced based upon their percentage of contribution.
If a plaintiff with $10,000 of damages was found to be 40 percent at fault for the case by texting and driving, the $10,000 could be reduced 40 percent down to $6,000 recovery. 60 percent of the fault may be placed on the other driver’s fault for running on a red light. If the plaintiff’s fault is found to be higher than 40 percent, they may lose all rights to recovering damages. A texting while driving accident attorney in Charleston could help a plaintiff understand negligence may affect their injury claim.
Impact of Texting on Liability
Car accident cases for plaintiffs are regularly impacted by an at-fault driver’s cellphone usage. Attorneys typically seek to prove negligence wrongdoing on the part of the at-fault driver and link that to negligence as the cause of the injuries to the plaintiff. If a person runs a red light without committing any additional offenses, they could be found negligent for not paying attention. If they ran the red light while using a cell phone, jurors may get angry at the at-fault driver for their irresponsible behavior. This could aggravate liability for them and may potentially lead to the jurors favoring the plaintiff. It may also increase the award jurors give for the injured person’s damages.
A Charleston attorney could collect phone records to prepare for a texting while driving case. Records could show if a driver was on the phone at the time of the crash. If it is determined that an at-fault driver was on their phone during the wreck, a solid case could be created to prove the negligence of the at-fault driver. Consent is required for law enforcement or insurance companies to see the phone records of drivers involved in a car accident in Charleston. Law enforcement typically consults a criminal attorney to secure the records. From a civil case standpoint, a plaintiff’s attorney could subpoena the defendant’s records as soon as they file an injury claim.
Crashes Involving Commercial Drivers
For commercial drivers with a CDL license, many tractor-trailers have GPS devices and a timer. These devices could be used to determine when the vehicle stopped moving, and at what time the accident occurred. Once the vehicle stops, the device lets them know within seconds that the crash has occurred. The device could record the data even if the truck gears off for a few more seconds before it eventually stops. A lawyer could use this set of data as evidence for an injury claim.
Accidents With Non-Commercial Drivers
If there was no commercial driver or another party with GPS tracking devices available to indicate cell phone usage, eye-witnesses could provide testimony regarding what time the accident occurred. One could argue that if the plaintiff gets such evidence and the other party was on the phone, they could have a very strong liability case against the at-fault driver. It is the type of case that is going to aggravate that liability and make the jury much more likely to find in favor of the plaintiff.
A Charleston Texting While Driving Accident Lawyer Could Help You
Allegations of texting while driving could damage or strengthen a person’s car accident claim. Individuals seeking to pursue compensation for their injuries are recommended to contact a Charleston texting while driving accident lawyer to learn how cellphone usage affects fault and liability for different types of drivers. A seasoned attorney could collect evidence for your injury case and guide you through the claims process.