Charleston Distracted Driving Accident Lawyer

In today’s fast-paced world, multitasking has become a common practice, even behind the wheel. Unfortunately, this often leads to distracted driving—a major cause of accidents on our roads.

If you or a loved one have been impacted by such an incident in Charleston, you need a dedicated legal advocate who understands the complexities of these cases. At the CEO Lawyer Personal Injury Law Firm, our Charleston distracted driving accident attorneys specialize in defending the rights of those seriously injured due to the negligence of others.

With a commitment to early investigation and meticulous preservation of evidence, we ensure that every case is prepared with the utmost precision to secure the compensation our clients rightfully deserve. If you’re facing the aftermath of a distracted driving accident, it’s essential to act promptly.

Contact us today to protect your legal rights and start on the path to recovery.

What Is Distracted Driving?

Distracted driving is any function that diverts a driver’s attention away from the road. This includes taking your eyes off the road, your hands off the wheel, or your mind off driving.

With the rise in cellphone usage for communication and daily tasks, distracted driving accidents have become more common.

However, cell phones are not the only dangers; activities like eating, adjusting the radio, or talking to passengers can also lead to dangerous distractions. Any action that takes a driver’s focus away from driving significantly increases the likelihood of a collision, endangering everyone on the road.

How Can Our Charleston Distracted Driving Accident Attorneys Help Clients?

Proving distracted driving as the cause of an accident is essential for securing just compensation in personal injury cases. An attorney skilled in handling such claims employs various methods to establish the negligence of the distracted driver.

• Collection of Evidence: The initial step involves gathering concrete evidence. This may include obtaining the police report, which could highlight any citations for distracted driving issued at the scene or contain observations from officers about the driver’s state. Additionally, photographs or videos from traffic cameras or bystanders that capture the moments leading up to the accident can be pivotal.
• Witness Testimonies: Eyewitness accounts are beneficial. Witnesses can provide firsthand details about the driver’s behavior, such as seeing the driver using a phone, eating, or any other activities that diverted their attention from the road.
• Technological Data: Accessing cell phone records is another critical avenue. These records can show if the driver was texting, calling, or using apps at the time of the crash. Modern vehicles equipped with data recorders can also provide information about vehicle performance and driver actions seconds before the collision.
• Expert Analysis: An accident reconstruction expert may be brought in to synthesize the collected data and reconstruct the scenario to demonstrate how the distraction led to the accident. This expert testimony can be a powerful tool in illustrating the direct impact of the driver’s distraction.
• Driver Admissions: In some cases, the driver may admit to being distracted. Such admissions, whether made at the accident scene, during a deposition, or in other communications, can directly link their distraction to the accident.
• Legal Advocacy: Experienced attorneys like those at a reputable personal injury law firm utilize all these elements to build a compelling case. They manage the complications of the legal system and advocate vigorously on behalf of their clients, ensuring that all potential sources of evidence are explored and utilized effectively.

How Our Charleston Distracted Driving Accident Law Firm Can Help

When you work with us, the CEO Lawyer Personal Injury Law Firm will take much of the stress and groundwork of a car accident claim off your shoulders. Our attorney will handle everything from managing deadlines and technical requirements to negotiating with the insurance company, gathering evidence, interviewing witnesses, and building the strongest case on your behalf.

Our client-centered approach to our work means your lawyer will get to know you personally. We understand the stress that you are under and know a successful case starts with empathetic and engaged listening to grasp your experience fully.

Our attorneys value excellent communication skills and compassionate representation. We will work hard to advocate for you and tell your story with the care and commitment you deserve.

The earlier we can get started, the better opportunity we will have to gather evidence while it is available and speak to witnesses while their memories are fresh. Don’t delay—it’s free, and no obligation, so you have nothing to lose by learning more about your rights.

What Are the Three Types of Distracted Driving?

“Distracted driving” broadly describes any behavior that causes a driver to take their attention away from safely operating their vehicle.

Not all distracted driving is necessarily illegal or results in a traffic ticket. In the context of a personal injury claim, an accident victim only needs to prove that a distracted driver was negligent, not criminal.

Three main types of distracted driving lead to accidents:

• Visual Distractions: A distraction diverts the driver’s eyes from the road. This includes looking at a phone, glancing at passengers in the back seat, or spending too much time looking at a GPS or other screen inside the vehicle.
• Manual Distractions: A manual distraction involves taking the driver’s hands off the steering wheel. Texting while driving is one of the most common forms of manual distraction. Other manual distractions include eating, drinking, or smoking.
• Cognitive Distractions: A cognitive distraction takes the driver’s mind off the task of driving. This can involve a driver who is too emotionally upset to drive. It also applies to drivers who are fatigued, intoxicated, or under the influence of drugs.

Under Charleston law, it is illegal for any driver to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle. Even if such drivers do not cause an accident, they can still be stopped by police and fined.

Evidence that a person was texting while driving can be used against them in a personal injury lawsuit arising from a car accident.

What Are the Top Ten Causes of Distracted Driving?

Roughly 25 percent of car accidents result from distracted driving. According to the Fatality Analysis Reporting System (FARS), the ten major causes of distracted driving accidents are:

• Lost in thought: Daydreaming or being lost in thought diverts attention from the road.
• Cellphone use: Talking, texting, or using a phone while driving is a significant distraction.
• Exterior event, object, or person: Looking at something outside the vehicle, such as an accident or a billboard.
• Passengers: Interacting with passengers can take focus away from driving.
• Reaching for an object in the car: Trying to grab something from the back seat or the floor.
• Drinking and/or eating: Consuming food or beverages while driving.
• Adjusting the radio or A/C: Changing the radio station or adjusting the air conditioning.
• Adjusting other devices inside the car: Fiddling with GPS, entertainment systems, or other in-car devices.
• Moving objects inside the car: Dealing with items that shift or fall while driving.
• Smoking: Lighting, smoking, or extinguishing a cigarette.

After a car accident, seeking all necessary medical attention, including doctor visits and treatments, is important. Immediately obtain legal counsel from a motor vehicle accident attorney, and do not sign any documents or make any statements without your attorney’s approval.

How to Prove Fault In a Distracted Driving Accident

Proving that a driver was distracted and at fault for an accident involves gathering various evidence. Here are key pieces of evidence that can demonstrate distracted driving:

• Police Reports: Call the police immediately after a car crash. They will secure the scene and document crucial facts, including collecting information from all involved drivers. They may note evidence of distracted driving, such as food-related trash or a cell phone open to a messaging app.
• Photographs and Video Footage: Images and video footage can document the scene and help recreate the accident to determine its cause. Surveillance cameras or eyewitness devices can provide critical evidence of distracted driving in a trial.
• Phone Records: Texting or talking on the phone are common forms of distracted driving. Phone records can provide valuable evidence. If there is an indication that a driver was using their phone leading up to the crash, your attorney can subpoena the driver’s cell phone records for any activity during the accident and its lead-up.
• Eyewitness Accounts: Speaking to witnesses and getting their contact information at the scene can benefit your case. Witnesses may have seen the other driver engaging in distracted driving behaviors, such as eating, drinking, or texting. Police should also speak with any eyewitnesses at the scene and record their versions of events.
• Expert Testimony: Expert testimony can be crucial in proving fault. Experts can review the case and testify on your behalf, reconstructing how the accident occurred based on evidence collected at the scene and eyewitness accounts.

The Charleston distracted driving lawyers at the CEO Lawyer Personal Injury Law Firm have a network of experts who can review your case and testify on your behalf. Using this evidence, your attorney can build a strong case to prove the other driver’s distraction and secure the compensation you deserve.

What Is the Worth of Your Charleston Distracted Driving Case?

The value of a distracted driving case in Charleston can vary widely, depending on several key factors. Here are some of the primary considerations that can influence the potential compensation you might receive:

• Severity of Injuries: The extent and severity of your injuries play a crucial role. More severe injuries typically result in higher medical bills, extended recovery times, and greater non-economic damages like pain and suffering, all of which can increase the value of your claim.
• Liability and Fault: If liability is clear and the distracted driver is clearly at fault, the potential for a higher settlement increases. Charleston comparative fault rule means that if you are partially at fault, your compensation may be reduced proportionally to your degree of fault.
• Insurance Coverage: The at-fault driver’s insurance policy limits are also a critical factor. If their policy limit is high, there might be a larger pool of funds available for compensation. Conversely, low limits might restrict the amount you can recover, unless additional coverage (like underinsured motorist coverage on your policy) is available.
• Economic Damages: This includes calculable losses such as medical payments, lost wages, and rehabilitation costs. The greater these costs, the higher the potential value of your claim.
• Non-Economic Damages: These includes intangible losses like pain and suffering, emotional distress, and less enjoyment of life. These can vary significantly based on the impact of the injuries on your daily life.
• Punitive Damages: In cases where the distracted driving was particularly reckless, punitive damages may be awarded to punish the wrongdoer and deter similar interest in the future. This can significantly increase the value of a case.

To get a more specific idea of what your Charleston distracted driving case might be worth, it’s advisable to consult with a knowledgeable attorney who can assess all the details of your situation during a free consultation. They can provide a ballpark estimate and help you understand the legal avenues available for pursuing the compensation you deserve.

What Damages Can You Recover for a Distracted Driving Accident?

Damages in a distracted driving accident case may include financial compensation for:

• Medical Expenses: Covering immediate and ongoing medical expenses.
• Future Medical Needs: Accounting for future healthcare needs related to the injury.
• Lost Wages: Compensating for income lost due to the inability to work.
• Reduced Earning Capacity: Addressing long-term impacts on your ability to earn a living.
• Property Damage: Repair or replacement of damaged property.
• Scarring and Disfigurement: Compensation for permanent physical changes.
• Less Enjoyment of Life: Addressing the impact on your quality of life.
• Emotional Pain and Suffering: Compensating for physical and emotional pain.
• Emotional Distress: Covering psychological impacts of the accident.

If a distracted driving accident in Charleston results in the death of a family member, pursuing a wrongful death claim may be an option to seek reparation for your profound losses.

The initial step in most personal injury cases involves your attorney conducting a thorough investigation into the accident. Following this, they will draft and send a demand letter to the at-fault party’s insurance provider.

This document details the accident’s circumstances, establishes the legal liability of the insured, and specifies the compensation sought for the damages incurred.

If the insurance company dismiss the possibility of a reasonable settlement, your lawyer might recommend progressing the matter to a lawsuit. Negotiations can persist even as the lawsuit advances through its pretrial stages.

In the event that your case proceeds to trial, your personal injury attorney will present the evidence and arguments to the jury, advocating for a verdict in your favor and the rightful compensation for your loss.

Take Legal Action With the Help of Our Charleston Distracted Driving Accident Lawyers!

Distracted driving often leads to catastrophic accidents.

Suppose you or someone you care about has been injured due to someone else’s thoughtless actions behind the wheel. In that case, speaking with our Charleston distracted driver accident lawyer is imperative.

Call us at (864) 664-3865 or book a free initial consultation. We’re here to answer your questions and discuss your legal options.

FAQs:

1. Will I have to go to court?

Not necessarily. Most cases are resolved through negotiations with insurance companies and attorneys. You may only need to sign the necessary documents.

1. What if I can’t pay for a lawyer?

Distracted driving cases are often handled on a contingency basis. We only receive a fixed percentage of the settlement if you win.

This way, you don’t need to come up with money upfront; we only get paid if you do.

1. What do I say to the insurance companies?

We encourage our clients to be truthful and honest. As we are familiar with the terminology and processes involved, we can also assist in these discussions.