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How Fault is Determined If A Car Accident is Caused By A Cell Phone in South Carolina

Millenial Texting While Driving Stock Photo

For the last several years, the media has been heavily reporting on incidents in which people are involved in a car accident caused by cell phone use. Despite new laws being passed in almost every state across the country, people continue to have cell phone related accidents.

If you’re involved in a car accident caused by cell phone use, the party at fault may be exposed to a lawsuit. Using a cell phone behind the wheel makes both insurers and courts look at the case differently, so you should know what to expect beforehand. Learn about the most important factors to consider when involved in a car accident caused by cell phone use.

Risk Factors

When determining liability for a car accident, insurers and courts consider which driver was the most careless or exhibited the riskiest behavior. When you use a cell phone while driving, there are several risk factors you assume by default.

When using a handheld device, you’re typically using only one hand to drive. Even dialing or answer your phone can involve you losing your focus off the road. Sending a text is a significantly larger distraction. Even hands-free devices can put you at fault since a simple conversation has been found to be enough to distract a driver.

Who’s Responsible?

In these instances, liability can spread beyond the people directly involved. This is beneficial for the person filing the lawsuit as they may be able to target someone who has more money. A good example is when an employer is held accountable for an employee who caused an accident while on a business call.

In some cases, parents are held liable for an accident if their teenager caused an accident while on the phone. After all, the parents provided the phone to their teenager and are generally held liable for incidents happening when their teenager uses the parents’ property. In South Carolina, teens aren’t permitted to use cell phones while driving at all.

Effects on Insurance

With so much attention on cell phones causing accidents, insurance companies have definitely taken notice. At this point, most strongly caution against using a cell phone or any handheld device while driving frequently listing the potential dangers on their website and other materials.

The dangers of using your cell phone while driving extend beyond your safety. If you’re involved in an accident and it is revealed that you were using your cell phone during or immediately leading up to the accident, you’ll see your insurance premiums rise as a result.

South Carolina Personal Injury Lawyer

Being caught in a car accident caused by cell phone use is stressful enough as it is, but you need to think about the future as well. Get the compensation you’re owed with the help of a skilled car accident lawyer. For counsel in South Carolina, you can depend on, Harris and Graves have got you covered.

We’re dedicated to winning your case and getting you the maximum compensation for your claim. Our long history of successful cases only serves to showcase our years of experience providing top quality representation. We’re so confident in our abilities that we don’t demand any upfront costs at all. In fact, unless we win your case, you won’t owe us a penny. Contact us today for your free consultation!