- July 15, 2019
- Car Accidents
We know texting and driving is dangerous. Yet, we still do it. Very few people can truthfully say that they never text and drive. But, just because we do it, doesn’t make it right. Just about every state considers texting and driving illegal. Over the last ten years, almost every state has passed legislation against texting and driving.
It doesn’t matter where we’re going or what we’re doing, we take our cell phones with us. Even while we’re driving, we have our cell phones nearby. We can’t even drive ten minutes without checking to see if someone has called or texted us.
The reason texting and driving is so dangerous is that it only takes a few seconds to get into an accident. The second you take your eyes off the road, you can get into an accident. You could get into a head-on collision or rear-end the car in front of you. Even if you’re not driving that fast, you could end up getting hurt.
If you’ve been hit by someone who is texting and driving, you need to call an auto accident attorney in Greenwood.
Texting and Driving Laws in South Carolina
Quite frankly, the texting and driving laws in South Carolina are weak. Currently, the statute for texting and driving only calls for a $25 fine if someone is caught texting and driving. And, because the statute only prohibits texting, people who claim they’re using their phone for some other reason usually get off scot free.
Carolina is considering cracking down harder on texting and driving. They know that thousands of people are killed every year in texting and driving accidents. Yet, last year, only 1,300 texting and driving tickets were issued in South Carolina – a state with over 5 million residents!
Some of the ways a cell phone can lead to an accident include:
- Using GPS and other navigational devices
- Texting or talking on phone
- Searching for music on phone or another device
- Watching videos on a handheld device
If you are injured due to someone’s texting and driving, you need to contact an auto accident attorney in Greenwood, South Carolina.
Exceptions to the Distracted Driving Laws
Most states with strict distracted driving laws prohibit almost all activity on a cell phone. If an exception is provided, they usually are limited to the following:
- If you are reporting a medical safety or hazard
- Using a two-way radio that you have a permit for
- If you are using a voice-activated navigational system
- Law enforcement officers, EMT, firefighters
- Utility workers responding to emergency calls
- Amateur radio operators assisting with medical emergencies or disasters
Your attorney doesn’t have to rely on the texting and driving statute to file a claim if you have been injured by a distracted driver. If the other driver was distracted, your attorney will still be able to claim that the other driver was at fault. If the other driver claims one of the above defenses, your attorney may still try to negotiate a fair settlement with the insurance company.
You definitely want to rely on an experienced car accident lawyer to handle your case. If your insurance claim is denied, you need to file an appeal. If they still refuse to pay your claim, your auto accident attorney will have to file a lawsuit. Your attorney can check to see if the defendant has a history of distracted driving offenses in any state. He can also check to see if anybody saw the other driver at the time of the accident.
Contact an Auto Accident Attorney in Greenwood, South Carolina
If you’ve been injured by someone who was texting and driving, you need to contact an auto accident attorney in Greenwood. Call and schedule your free consultation today. You want to retain a car accident attorney in Greenwood who will fight for you. You have no idea how hard it can be to get an insurance company to pay your claim. The defendant’s attorney will argue that you were at fault. You don’t want to handle this on your own. You are much better off if you have a skilled attorney.
For your first meeting with your attorney, make sure to bring the following:
- Medical records from accident
- Pictures from the accident scene
- Contact information for any eyewitnesses
- Accident or incident report
- Other driver’s insurance information
- Any correspondence from the other driver or insurance company
Your Greenwood car accident lawyer can work hard to negotiate a settlement on your behalf. But, your attorney needs this information to do that. Without this critical information, it is your word against the defendant’s. You are going to have to somehow prove that the other driver was texting and driving. That won’t be easy to do.
