Texting and Driving

DISCLAIMER: You probably already know this, but you can’t become DuRant & DuRant, P.A.’s client by reading anything (including a blog). This blog doesn’t constitute legal advice. Every situation is different. If you want legal advice about your unique issues, contact a lawyer.

Excessive alcohol consumption and driving do not mix. They are like oil and water. South Carolina law protects victims of drunk drivers. It also protects victims of distracted drivers. Distracted driving encompasses texting and driving. It also extends to other forms of electronic device use, such as emailing, watching videos, or using an infotainment system.

The South Carolina Department of Insurance wrote that our State averages two crashes per hour that involve distracted driving.  National Safety Council data from 2018 indicates that 8 people die per day as a result of distracted driving.

There are active campaigns against texting and driving, not just from governmental entities like the Department of Defense, but also from Fortune 500 companies like AT&T. The reasoning behind the campaigns mentioned can be linked to studies showing that electronic device use while driving can have similar dangerous characteristics that we typically associate with drunk driving.

Using your cell phone while driving is visually, cognitively, and manually distracting. It can decrease or eliminate a driver’s ability to break before impact, maximizing the injuries to those lawfully present on the roadway.

It is against the law in South Carolina to text or email while driving. The Code provision stating so is found in S.C. Code § 56-5-3890. In the appropriate case, electronic device use while driving can also constitute reckless driving. Further, a texting and driving case may warrant punitive damages.

One must appropriately research all theories of liability in a cell-phone use case. For example, if you or a loved one is hit by a delivery driver in Myrtle Beach, South Carolina, you may be able to sue the driver’s company along with the driver in his or her individual capacity.

If you or a loved one has been seriously injured or even killed by someone who you suspect that was using a cell phone while driving, please call our office to set up a free consultation.

Julian DuRant is an attorney that is licensed in South and North Carolina. Frank DuRant is an attorney that is licensed in South Carolina. They operate out of their office  located at 2107 Farlow Street, Myrtle Beach, South Carolina.