Texting While Driving Accidents
There is no question that cell phones present one of the most serious dangers on the roadway. Many motorists simply cannot resist the urge to read emails, surf the web, make phone calls, or text while operating a motor vehicle, sometimes at high speeds and during dangerous conditions. One scientific study concluded that talking on a cell phone requires 37 percent of the user’s attention. Texting while driving creates additional complications because it requires the user to look down at their phone when composing or reading a message. Greenville and Spartanburg texting while driving accident attorney Patrick E. Knie is prepared to assist you with seeking compensation after a collision involving a careless driver. As an experienced car crash lawyer, he can gather evidence to help build your case and vigorously advocate for your right to compensation based on another person’s careless use of a cell phone.Take Legal Action Following a Texting While Driving Accident
According to the Centers for Disease Control, there are roughly 15 people killed and 1,200 people injured in distracted driving collisions each day in the U.S. If you or a loved one has been involved in a distracted driving crash, you may be entitled to receive monetary compensation. A car accident case is considered a type of personal injury claim, which requires the victim to establish that the defendant was acting negligently at the time of the crash. In general, the standard of negligence requires all drivers to operate their vehicles with the same level of reasonable care and skill that a prudent driver would demonstrate, taking into consideration any relevant circumstances, such as inclement weather or heavy traffic.
Also, this standard of care incorporates any applicable traffic rules. Under South Carolina law, for instance, drivers are prohibited from texting while driving. The law states that “it is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.” This broad language also includes reading or composing emails while driving. If the plaintiff can show that the defendant violated this law at the time of the crash, the plaintiff likely will be able to prove that the defendant was operating their vehicle in a negligent manner. This is because a reasonable person would not be likely to break a traffic rule. A texting while driving accident lawyer in Spartanburg or Greenville can help you establish a defendant’s texting.
After showing that the defendant operated their vehicle in a negligent manner, the plaintiff must show that there is a causal connection between this negligence and the injuries that they sustained. In other words, the plaintiff must convince the jury that their injuries would not have occurred but for the defendant’s negligent conduct. The defendant will often offer any evidence that they can find indicating that the plaintiff’s injuries resulted at least in part from some other factor, including any negligence on behalf of the plaintiff. If the plaintiff was negligent at the time of the accident, the jury is allowed to consider this when awarding damages and may reduce the plaintiff’s damages award by the percentage of fault assigned to the plaintiff. A damages award may take into account both economic and non-economic forms of harm, including medical bills, lost wages, reduced earning capacity, pain and suffering, and diminished quality of life.Contact a Texting While Driving Accident Attorney in Greenville or Spartanburg
At the Knie & Shealy Law Offices, we ensure that each client receives the compassionate and zealous legal advocacy that they deserve. This includes assisting a victim with each phase of the litigation and ensuring that they understand their legal rights and options. Spartanburg and Greenville texting while driving accident lawyer Patrick E. Knie offers a free consultation to discuss your situation and proudly serves people throughout Cherokee, Laurens, and Union Counties, among other areas. Call us at (864) 582-5118 or contact us online to set up an appointment with a motor vehicle collision lawyer.