In South Carolina, punitive damages may be awarded if the at-fault driver was reckless or in violation of a statute. Texting and driving may not be prohibited by statute, but it certainly qualifies as reckless. I have represented a number of people - including soldiers, mothers, and children - who were injured in rear-end collisions because someone else chose to text and drive. We sought punitive damages in all those cases, and will continue to do so anytime someone decides to drive while texting.
Common sense, as well as the law of negligence, requires a driver to watch the road and see what is there to be seen. When someone chooses to look down at their phone rather than watching the road in front of them, they are making a conscious choice to endanger whoever is in their path. These choices are nothing if not reckless.
If you want help seeking punitive damages because you were hurt by a driver who chose to text and drive in South Carolina, call me today at (803) 790-2800.