In North Charleston and the greater Charleston area, drivers are not allowed to text and drive in the entire State of South Carolina. Drivers are only allowed to use their phone if they are legally stopped in the roadway. They are also required to use a handsfree Bluetooth or a similar device to speak on the phone while driving. Drivers who are waiting at a stoplight are legally allowed to briefly interact with their phone, but as soon as they start driving, their phone must be put away.
Get in touch with a North Charleston texting while driving accident lawyer if you suffered damages as a result of a negligent driver failing to pay more attention to their phone at the cost of your health and safety.
How Does Cellphone Use by a Victim vs the Defense Impact a Case?
The use of a cellphone by the victim at the time of an accident could impact a compensation claim depending on the circumstances of their case. For example, if the victim was using a handsfree device allowed by the law, then their phone use would not hold any weight in an injury claim. However, if it is discovered that the driver was checking their email or social media in the moments leading up to an accident, the defense could use that fact to decrease the level of liability against them or refute any form of liability whatsoever.
If the defendant was on their phone prior to being involved in an accident, it is likely that the victim will be able to recover compensation from them. South Carolina’s laws make it clear that any type of phone use while driving is considered unlawful, so if a driver engages in this type of action and then finds themselves causing an accident, the victim could cite that their unwillingness to comply with the law led to their damages and injuries. If the accident was some type of rear-end collision or side-impact collision where it is clear that the at-fault driver is not paying attention to their surroundings because their focus was on their phone, the victim is sure to be entitled to compensation for damages.
Can Both Parties Share an Equal Amount of Liability?
Cellphone use by all parties involved would directly affect the portioning fault. If they were both distracted, it could be determined that they were equally at-fault. Essentially, the amount of money is split. Unless the victim is able to prove that although they were on their phone at the time of the accident, the defense had more fault in the accident because their car was stationary, whereas the defense’s vehicle was in motion while they were on their phone, the victim may have to take on a significant amount of liability themselves thereby decreasing the amount of compensation owed to them.
Effective Types of Evidence in a North Charleston Texting While Driving Case
The most effective type of evidence for texting while driving car accident cases in North Charleston is undoubtedly the cellphone records of all the parties involved. If the plaintiff’s attorney is able to prove that the defendant was on their phone by citing the exact time and date of their last phone use right before an accident, the victim would likely be able to obtain a successful result. In order to obtain this type of evidence, attorneys must be able to file a subpoena from the cellphone provider. In addition, law enforcement does not even need the consent of the involved parties to obtain those records, all they need is probable cause to get a warrant to obtain access to such records.
Consult with a Dedicated Attorney Today
If you or someone you love suffered damages as a result of a driver being on their phone while their vehicle was in motion, get in touch with a dedicated attorney today. With a North Charleston texting while driving accident lawyer at your side, you may be better suited to hold those at-fault accountable for the damage you sustained.