Texting While Driving
Nationwide, more and more states have enacted texting bans, which has been linked to a drop in car crash injuries, according to a recent study by the American Journal of Public health. The study found that car-crash hospitalizations dipped in states that instituted relatively strict bans on texting and driving between 2003 and 2010. Surprisingly, the study also found that the biggest offenders of texting while driving were adults between 25 and 40 years old, but that the bans are still linked to a dip in fatal accidents among all age groups.
The Law in the Carolinas
In North Carolina, texting and driving is illegal, along with emailing while behind the wheel. This includes texting while the vehicle is stopped. However, the texting and driving law does not include things on electronic devices such as apps, games and GPS. A recent investigative article found that because of how the statute is written many texters are getting out of their tickets, or are not being ticketed in the first place.
South Carolina also has a texting ban in place, which includes text messaging, instant messaging, and emailing. However, a recent article pointed out that calling and speaking on a cell phone are not banned under the new state law, as well as texting if the driver is parked or stopped at a stop sign or red light. The South Carolina law also does not prohibit using a device’s GPS function and other apps and games, similar to North Carolina.
Distracted Driving
According to a study by the National Highway Traffic Safety Administration (NHTSA), a car accident is 23 times more likely to happen when a driver is texting. Thirty percent of all car crashes in the United States result from drivers who admit to texting right before the accident, which excludes those drivers who do not admit it. NHTSA studies also found texting while driving is more dangerous than driving with a blood alcohol level of .08 – the percentage almost every state uses to determine intoxication.
Liability for Accidents Caused by Distracted Driving
If a driver who is distracted by texting on a device causes an accident, he or she may be liable for the damages caused by the distracted driving. Drivers have a duty of care toward other drivers who share the road, which means every driver must look out for the safety and well-being of every other driver. When a driver is distracted by texting while driving, he or she violates that duty of care to other drivers.
Texting while driving is inherently dangerous. When the texting driver’s actions result in a car accident, he or she is responsible for the damages he inflicts on the other driver, who is entitled to compensation for his or her injuries. Additionally, texting bans are in place in North and South Carolina, and if the person causing the accident is found to have violated these texting laws during the accident, there is a greater likelihood that a court will find that person liable.
The attorneys at Bice Law, LLC, can help you seek compensation for your injuries if you have been in an accident with a distracted driver. Contact them today to speak to an experienced personal injury attorney.
Contact the Personal Injury Law Firm of Bice Law
The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.
