If you or a loved one in the Greenville, South Carolina area have been injured in a car accident caused by illegal texting while driving, you may be entitled to compensation. Our team at Hammack Law Firm will support you every step of the way and get you the justice and compensation that you deserve. Distracted driving is unjustifiable and texting is one of the most common distractions for drivers that causes unexpected accidents. Even if they don’t mean any harm, a distracted driver isn’t following his duty to avoid undue risk to others and is demonstrating negligence. Call our car accident attorneys at 864-514-8192 for a free consultation and to discuss the first steps to getting your rightful compensation.
Why You Need a Lawyer
With a lawyer by your side, the legal process will be much less daunting. You will be able to focus on recuperating, while your lawyer devotes his effort to build a strong case on your behalf. In these types of cases, all forms of evidence, from photographs and videos, to witness testimonies, are very important in establishing your claim.
A lawyer will assist by gathering the evidence and developing a way to present it that is most effective and convincing. Lawyers will be able to utilize details to prove the other driver’s cell phone use and negligence and further strengthen your case.
After the investigation has been completed, your attorney can clearly communicate your demands to the insurance company of the driver who is at fault and seek a settlement or file a lawsuit if necessary.
For a free legal consultation with a texting while driving accidents lawyer serving Greenville, call 864-514-8192
Why Choose Us?
Our team at Hammack Law Firm has experience in all kinds of auto accidents, but unlike many other firms who are nothing more than “settlement mills”, we are known for genuinely caring about our clients and relentlessly fighting for your right to compensation. With every client, we consistently communicate and give updates on the status of their case, as well as make sure that the case is steadily advancing toward their goal of compensation.
We understand the frustration and suffering that can come with being involved in an accident caused by a driver distracted by their cell phone. We make sure to offer care and support to our clients as they focus on getting well while we focus our attention on bringing justice to those who are negligent on the road.
Greenville Texting While Driving Accident Lawyer Near Me 864-514-8192
Cases We Handle
Texting while driving is one of the most dangerous risks that a driver can present to others who are on the road. Distracted drivers cannot anticipate cars making turns, others changing speeds, or changing road conditions. On the open road, everything can happen so fast, and in the few seconds it takes to send a text message, disaster can easily strike. All of these factors are reasons why texting while driving is one of the most common causes of car accidents.
Texting while driving has led to so many otherwise avoidable accidents that it is illegal in 48 states and the District of Columbia. Texting while driving primarily affects drivers in three harmful ways. First, either one or both of a driver’s hands are occupied by their cell phone while they’re texting, instead of on the steering wheel where they should be, losing the attention of their direction on the road. In addition, a driver’s eyes are taken off the road and this also makes them lose sense of their position on the road.
While distracted, it can be easy for them to drift into another lane, which could be occupied by another car. Also, drivers texting while driving who glance up periodically to check their surroundings aren’t seeing as clearly, this is known as “inattention blindness”. The driver who was texting and distracted in an accident is immediately held liable and you are eligible for compensation both for property damages (repairs to your vehicle) and personal injury damages (medical bills, lost wages, pain, and suffering).
With the legal advice of an attorney, you may pursue a claim against the at-fault driver’s insurance company to recover compensation. If in the investigation it is evident that the driver who was at fault for the accident was in fact on their cell phone, you stand a great chance of getting your desired compensation. In the case of a lawsuit, since texting and driving has come to be considered a very serious offense, the defendant will likely owe you for the entirety of the damages that you have incurred.
Any evidence that can be used toward proving the driver at fault was distracted by texting will play a significant role in advancing your case. Evidence can potentially be obtained by perusing cell phone records from the at-fault driver’s mobile service provider, where timestamps can show if the driver was texting before the time of impact. Your attorney can communicate with witnesses who may provide oral or written statements that they saw the driver texting which may also go a long way toward proving their distraction. Something else to consider is that if the driver at fault was handling business concerns while distracted by their cell phone, their employer could also be held liable.
Texting While Driving FAQs
Will insurance cover the injuries?
Yes, in the vast majority of cases the insurance company of the driver at fault will provide coverage for your injuries even though the person they insure (the distracted driver) was breaking the law by negligently hitting your vehicle.
One thing to be mindful of is that in some cases the insurance company may not have enough to give depending on the nature of your injuries. In this case, it is a good idea to consult your insurance company as you may have a claim for SUM benefits under your insurance policy. SUM benefits are insurance benefits that apply to cases where the other party is “underinsured” or does not have enough in their coverage to compensate you if you are severely injured in a car accident.
How does a criminal or traffic case for texting while driving relates to a personal injury claim or lawsuit?
If a driver pleads guilty to or is convicted of texting while driving this can serve as proof of their liability in court. In this way, a driver’s admission of guilt in a criminal or traffic case can help you greatly if you were to file a lawsuit.
Which states ban texting while driving?
Currently, 48 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands all banned texting while driving. Missouri bans texting while driving for new and/or teen drivers. Montana is the only state that does not have a law regulating this.
Texting While Driving Statistics
When looking at the statistics, it is easy to see why it is so important to limit cell phone use or abstain from it completely while driving. Nearly 1 in 4 car accidents are the result of texting while driving. Giving an indication of how distracted one can be, the amount of time spent with eyes off the road while texting increases by 400 percent. The time spent in answering a text, quick as it may seem, can present huge risks. In the time it typically takes to send a text message, 5 seconds, a car traveling at 55 mph will have driven the length of a football field.
Texting while driving is an issue that can be particularly problematic with teenagers. Teenage drivers are four times more likely to get in accidents or near-accidents when texting while driving than adults. Another startling statistic states that among teenagers, 21% of fatal car accidents are caused by drivers who are distracted by their cell phones. Over the period between 2012-2018, 14% of fatal car accidents involved drivers distracted by their cell phones.
One statistic that can be seen as very surprising is that texting is actually far more dangerous than drunk driving, causing six times as many accidents. In general, texting while driving makes it 23 times more likely for a driver to be in an accident. In an effort for drivers to stay responsible on the road, texting while driving is a dangerous distraction that should be avoided by everyone.