If you were involved in a Charleston truck accident involving cellphones, a lawyer could help you recover much-needed compensation. A lawyer stands ready to gather evidence, bring a claim against negligent parties, and could be a should to lean on during this troublesome time. Speak to an attorney today.
Laws Regulating Cellphones in Charleston
The current distracted driving law in South Carolina forbids texting while driving. The law was introduced in 2014 and prohibits the use of a cell phone to read or compose a text-based message while driving a vehicle. It does allow the driver to dial and make phone calls and use their GPS while driving.
In Charleston, there is a specific ordinance that says an individual is not supposed to text while driving. There is legislation at the state level to say that one should not text while driving. Regardless of what the law may be in South Carolina, Charleston, or the Low Country, the best practice is to not text or be on a cell phone while driving, even if an individual is on Bluetooth and it is legal. The best practice is to avoid anything that distracts one while driving.
A person is not supposed to text while driving in Charleston. Other jurisdictions go further. Whether it is legal or allowed, anytime someone is using a phone, an iPad, or a computer while driving a car, they are by definition, engaged in distracted driving that could lead to an accident.
If the other driver is engaged in that activity and causes an accident with injuries, juries get upset about that. It aggravates liability and makes the jury more likely to rule in their favor and also more likely to rule with a higher damages award. People understand that texting and driving are as bad as drinking and driving and ends in the same place, which is a distraction, slows reaction time, and too often, results in catastrophic accidents and injuries.
The Frequency of Truck Accidents Involving Cellular Devices
All types of accidents with different vehicles are caused by cellphone use, and tractor-trailers are no different. Many times, tractor-trailer drivers believe it is acceptable to talk on their cellphones as long as they are on Bluetooth. There might be a company policy that says truck drivers are allowed to talk on their cellphones as long as they are on Bluetooth.
Currently, it may be true that it is not illegal to talk on a cellphone while driving. Everyone knows that when an individual is driving and talking or texting or doing anything other than having both hands on the wheel and paying attention to the circumstances surrounding them, they open themselves up to causing an accident.
Tractor-trailer drivers are professional drivers. They study the manual, take a road test, and pass a written test to get a commercial driver’s license. A person is required to do many things to qualify to drive a tractor-trailer because it is a dangerous vehicle. The tractor itself weighs multiple tons. The trailer behind is several tons before it is loaded that adds more weight to the vehicle. When a heavy vehicle like a tractor-trailer is traveling at fast speeds and hits another vehicle, a pedestrian, bicyclist, or motorcyclist, the damages are more likely to be catastrophic. Whether allowed or not allowed by rules or regulations from a company, state, municipal, or federal government authority, it is best practice not to do anything including talking on a cellphone when operating a tractor-trailer.
Most truck drivers do not want to admit they did anything wrong. A driver may deny they were on a phone or were distracted in any way. It may be necessary to obtain a copy of their cellphone records to prove they were on a phone at the time of the accident.
Many trucks have a black box that provides data like those used in airplanes. These devices store information such as speed, acceleration or deceleration, and whether the brakes were applied depending on the engine manufacturer. Whenever a trucker is driving, the black box records data that could include a history of cellphone use.
To identify the cause of the accident and who is at fault, the defense lawyer collects information about the:
- Truck using the data from the black box
- Driver from their testimony
- Cellphone use from records provided by the cellphone company
Speak to a Compassionate and Helpful Attorney Today
If you were injured in a truck accident involving cellphones, a Charleston lawyer could help you receive the compensation you need from the responsible parties. Reach out to a dedicated attorney today to start your legal claim.