Proving Distracted Driving for Greenville Texting and Driving Car Accidents

Being involved in a distracted driving accident in Greenville, South Carolina when texting and driving is involved can be a little bit tricky. This is because South Carolina laws can make it difficult to prove that a driver was using his or her cell phone the moments before the accident. If you have been involved in a distracted driving accident while the at-fault driver was texting and driving, consult with a car accident lawyer from Hernandez & Cabra in Greenville, South Carolina who is experienced with distracted driving car accidents. Your car accident attorney can work to gather evidence to get you the compensation you deserve.

Is Cell Phone Use While Driving an Illegal Offense in Greenville, South Carolina?

South Carolina texting and driving law states that drivers can be stopped and cited for texting while driving. Although texting and driving is considered an offense, voice calls are permitted. The fine for texting while driving in Greenville, South Carolina is $25, capping at $50 for subsequent offenses. A driver who is caught texting does not lose points on his or her license and the violations are not reported to his or her insurance provider.

How Do I Prove the Other Driver Was Texting Before the Accident

Texting and driving car accidents are difficult to prove because South Carolina law states that police cannot search, seize or view a driver’s cell phone that has been used in violation of the South Carolina texting and driving law. This means that although a police officer can stop you if you are using your cell phone, he or she has no way of proving that you were texting. Because of this, it can be very difficult to prove that a driver was texting and driving when the accident occurred.

It can be difficult to prove the person at fault in texting and driving car accidents in Greenville, South Carolina because of these laws. This can make seeking compensation a hard process. If you have been involved in a texting and driving accident, you should contact a car wreck lawyer in Greenville, South Carolina today to find out what your options are and what route you can take to prove the other driver was indeed texting and driving during your distracted driving accident.

When you have been involved in a distracted driving accident, you should also try your best to find a witness who may be able to state that they saw the driver texting while driving. It is often difficult to find witnesses in texting and driving car accidents, so be sure to work with your lawyer and anybody present at the accident to get a witness statement.

Should I Hire a Lawyer for My Texting and Driving Car Accident in Greenville, South Carolina?

If you have been involved in a distracted driving accident which involved texting and driving, you should definitely contact an attorney. Lawyers who have experience in texting and driving car accidents can help you write a “spoliation” letter to the at-fault party’s insurance company. This letter demands that all cell phone usage history be preserved and not modified or removed.

A lawyer can also look at the accident report — which contains vital information about the accident and the driver — to help determine who was at fault in your distracted driving case. A lawyer who is experienced in texting car accidents can also send a subpoena to the driver’s cell phone provider to obtain the phone records at the time of the accident and can also question the driver under oath.

Contact a Car Wreck Lawyer Today to Discuss Greenville Texting and Driving Car Accidents

Texting and driving car accidents can be tricky to deal with. If you have been involved in a distracted driving accident in Greenville, South Carolina and think that the other driver was texting and driving, contact the lawyers at Hernandez & Cabra today. The qualified lawyers at Hernandez & Cabra have experience working on countless texting and driving car accidents and can help determine if your case is worth pursuing. We will go over your options and do our best to investigate your case to determine who was at fault and if the other party was indeed texting and driving during your accident. If our lawyers can prove the other driver was texting during your accident, we will do everything we can to work with insurance and get you a claim for the reckless behavior of the other driver.

Although it may be difficult to prove a driver was texting during a distracted driving accident in Greenville, South Carolina, an experienced lawyer at Hernandez & Cabra can take the necessary steps to prove the driver was texting and driving and get you the compensation you are legally entitled to.