Texting while driving is one of the most dangerous and pervasive forms of distracted driving, and South Carolina drivers are no exception. A split second spent looking at a phone can result in catastrophic collisions, leading to severe injuries, property damage, and even fatalities.
Unlike other common accident types, texting and driving cases often require substantial investigative effort to prove fault. Evidence such as phone records, witness statements, and police reports are critical to establishing liability.
South Carolina’s comparative negligence laws further complicate these cases, as your compensation may be reduced if you are found partially at fault.
This guide explores South Carolina’s laws, and the steps victims should take after an accident. We also highlight the importance of policy stacking, which is essential for ensuring adequate compensation in a state where minimum insurance requirements often fall short.
Let’s examine how a skilled attorney can bring these elements together to protect your rights and secure the best outcome for your case.
Why You Need a Lawyer and What They Will Do
Handling a texting and driving case requires legal expertise and attention to detail. A lawyer plays a crucial role in navigating these cases by:
- Proving Fault: Collecting and analyzing phone records, police reports, and witness statements to establish that the at-fault driver was texting at the time of the crash.
- Maximizing Compensation: Negotiating with insurance companies to secure a fair settlement for damages, including medical expenses, lost wages, and pain and suffering.
- Policy Stacking: Determining whether underinsured motorist (UIM) coverage can be leveraged by stacking policies to recover additional compensation when the at-fault driver’s insurance is insufficient.
- Navigating Comparative Negligence: Countering claims of shared fault to ensure your compensation is not unfairly reduced.
An attorney’s ability to uncover and present compelling evidence is critical to ensuring you receive the full compensation you deserve.
The Compensation You Can Receive
Victims of texting and driving accidents may be entitled to various types of compensation, including:
- Medical Expenses: Covering hospital stays, surgeries, rehabilitation, and long-term care.
- Lost Wages: Compensating for time missed from work due to injuries.
- Pain and Suffering: Addressing emotional trauma and reduced quality of life.
- Property Damage: Repairing or replacing your vehicle.
Policy Stacking: a Critical Tool for Victims
South Carolina’s minimum liability insurance requirements—$25,000 per person and $50,000 per accident—are often insufficient to cover serious injuries. If the at-fault driver’s liability insurance is maxed out, you may leverage policy stacking to recover additional compensation.
Policy stacking allows you to file claims against other valid insurance policies, including your own or those of household members, up to the maximum UIM coverage on the vehicle involved in the accident. This is particularly relevant in cases involving hit-and-runs or minimally insured drivers. An attorney can identify all available policies and ensure they are used to maximize your recovery.
The Legal Side of Texting and Driving Cases
South Carolina’s texting and driving laws are designed to deter distracted driving and hold negligent drivers accountable. Key legal considerations include:
- Primary Offense: Texting while driving is a primary offense in South Carolina, meaning law enforcement can pull over and cite drivers solely for this violation.
- Prohibited Actions: Drivers are banned from sending, reading, or composing text messages or emails while operating a vehicle.
- Hands–Free Exceptions: Drivers may use phones for hands-free calls or GPS navigation but cannot engage in written communication.
Despite these laws, distracted driving continues to cause numerous accidents. Proving liability in these cases requires strong evidence, which a skilled lawyer will work to gather.
What a Lawyer Will Do
An experienced lawyer will:
- Obtain Phone Records: Subpoena records to confirm texting activity at the time of the crash.
- Gather Witness Statements: Interview passengers, bystanders, or other drivers who observed the accident.
- Analyze Police Reports: Highlight distracted driving as a contributing factor.
- Reconstruct the Accident: Work with experts to demonstrate how texting contributed to the collision.
- Leverage Comparative Negligence Rules: Counter claims of shared fault to ensure your compensation is not unfairly reduced.
By combining these efforts with policy stacking, your lawyer ensures that all potential sources of compensation are pursued.
Common Scenarios of Texting and Driving Accidents
Texting and driving accidents frequently result in:
- Rear–End Collisions: Distracted drivers fail to notice slowing or stopped traffic, causing crashes that often lead to severe injuries such as whiplash and back trauma.
- T–Bone Accidents: At intersections, texting drivers may run red lights or stop signs, leading to side-impact collisions that often cause catastrophic injuries to passengers.
- Lane Departure Crashes: Drivers veering out of their lanes while texting can cause head-on collisions or side-swipe accidents, especially at high speeds.
Each of these scenarios highlights the severe risks posed by distracted driving. A lawyer will investigate the circumstances of your crash, gather evidence, and build a compelling case to recover damages.
What Happens After a Texting and Driving Accident: Steps to Take
To protect your rights and strengthen your case, take these steps after a texting and driving accident:
- Call Emergency Services: Report the accident to 911 and obtain a police report.
- Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries. Look for evidence of distracted driving, such as a phone in the other driver’s hand or on their seat.
- Exchange Information: Collect the other driver’s insurance details and contact information.
- Seek Medical Attention: Even minor injuries should be evaluated, as medical records are essential for proving your case.
- Contact an Attorney: A lawyer can guide you through the legal process, ensuring that critical evidence is preserved and your rights are protected.
How Auger and Auger Can Help
At Auger and Auger, we have extensive experience representing victims of texting and driving accidents. Our comprehensive approach includes:
- Evidence Collection: We gather and analyze all necessary evidence, including phone records and witness statements.
- Policy Stacking Expertise: Our attorneys ensure that you recover compensation through all available insurance policies.
- Negotiating with Insurers: We fight back against lowball offers and unfair tactics from insurance companies.
- A&A Zero Fee Guarantee: You pay nothing unless we win your case.
Our team is dedicated to securing the compensation you need for medical bills, lost wages, pain and suffering, and more.
How to Contact Us
If you or a loved one has been injured in a texting and driving accident, don’t navigate the legal process alone. Contact Auger and Auger today for a free consultation.
Your recovery is our priority. Call us now to discuss your case and take the first step toward securing the compensation and justice you deserve.
