Distracted driving is dangerous driving. There is perhaps no more risky form of distracted driving than texting and driving. It is against the law in South Carolina. A driver who texts while behind the wheel puts everyone else at serious risk. They can face serious consequences. Here, our Charleston traffic offense defense lawyers highlight the consequences of texting and driving in South Carolina.
Know the Law: Texting and Driving in South Carolina
Texting and driving is illegal in South Carolina. Under the law (SC Code § 56-5-3890), “it is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle” in the state. However, the direct financial penalties are relatively mild:
- $25 for a first-time offense; and
- $50 for any subsequent offense.
You Could Potentially Face a Reckless Driving Charge
The more serious potential criminal consequence for texting and driving is a reckless driving charge. Under South Carolina law, reckless driving is defined as operating a motor vehicle in a manner that shows a willful or wanton disregard for the safety of people or property. Texting while driving is not automatically reckless driving. However, a motorist could potentially face a criminal charge based on their specific dangerous conduct—especially if they were speeding or weaving through traffic while also texting and driving.
To be clear, reckless driving is a criminal that can either be charged as a misdemeanor offense or a felony offense, depending on the nature of the allegations. Even a misdemeanor reckless driving charge carries the possibility of jail time in South Carolina. If you or your loved one was arrested and charged with reckless driving in South Carolina, it is imperative that you consult with a top-rated Charleston, SC, traffic offense defense lawyer right away.
A Texting Driver Can Be Held Civilly Liable for an Accident
A person who texts and drives can also face serious civil liability in South Carolina. It is a consequence that should not be underestimated. In the event an accident is caused by texting while driving, the at-fault driver can be held civilly liable for any resulting damages. The liability stems from the principle of negligence. In South Carolina, all motorists are required to exercise reasonable care when operating a vehicle. Texting while driving is not just a violation of the law, it is a breach of your duty. The victim of a crash may bring a fault-based claim against your insurance policy. That could cause your rates to skyrocket. Further, if they suffered serious injuries, they may also try to hold you personally liable for the crash damage. A serious crash can cause tens of thousands or even hundreds of thousands of dollars in damages.
Contact Our Charleston Texting and Driving Attorney Today
At Query Sautter & Associates, LLC, our Charleston texting and driving defense lawyers are committed to helping clients find the best solution. If you have any questions about a specific case, please do not hesitate to contact us today for a confidential consultation. With an office in Charleston, we serve communities throughout the surrounding region.